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Category: Estate Litigation

Banfield v. Ristevska, 2025 ONSC 3172 – Navigating Partition and Sale in a Contentious Co-Ownership Dispute

Partition and Sale

Can You Stop a Co-Owner From Forcing the Sale of Your Home? – Banfield v. Ristevska Offers a Cautionary Tale In the recent Ontario Superior Court decision of Banfield v. Ristevska, 2025 ONSC 3172 (CanLII), the Honourable Justice Myers addressed a contentious application for partition and sale of a co-owned property amidst repeated adjournment requests. […]

Case Update: Hockney v Kneeland, 2025 ONSC 3592: Estate Trustee Held Personally Liable After Years of Delay, Court Awards Damages

Estate Trustee Misconduct

In Hockney v. Kneeland, 2025 ONSC 3592, the Ontario Superior Court issued a scathing decision against a lawyer who acted as estate trustee and failed to distribute inheritance funds to seven grandchildren of the deceased. Justice Myers found that Mary Jane Kneeland, in both her personal and fiduciary capacities, committed serious breaches of trust and […]

Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) of the SLRA

Estates Litigation

Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) SLR Deanna McKinlay, in her proposed capacity as estate trustee of the Estate of Virginia Beecroft, applied for court directions on whether an informal document (the “Proffered Document”) should be recognized as a valid testamentary instrument under s. 21.1(1) of the Succession […]

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