Undue Influence, Escorts, and Elder Estate Planning: Lessons from McCrone v. Henry Estate, 2025 BCSC 1076
In McCrone v. Henry Estate, 2025 BCSC 1076, the British Columbia Supreme Court declined to summarily dismiss a will challenge brought by the niece and nephew of the deceased, Janet Henry. The plaintiffs alleged that a substantial gift made to a younger male escort in Janet’s final will was the product of undue influence. The […]
When Will a Court Compel a Mental Health or Capacity Assessment? Understanding Section 105 CJA and Section 79 SDA in Ontario
Ontario courts take issues of mental capacity seriously, particularly when it affects a person’s ability to manage property, make personal care decisions, or instruct legal counsel. Two distinct—but occasionally overlapping—legal tools are available to the court in these situations: A mental health examination under section 105 of the Courts of Justice Act, often used to […]
ONCA Upholds Trustee Removal and Orders Personal Cost Consequences in MacBeth Estate v. MacBeth, 2025 ONCA 360
Estate trustees can be held personally liable for legal costs if their actions are found to be self-serving or contrary to the estate’s best interests. As confirmed in MacBeth Estate v. MacBeth, 2025 ONCA 360, trustees who pursue unnecessary litigation or appeals may be denied indemnity from the estate and ordered to pay costs personally. […]
Interpreting Charitable Gifts in a Will: Gruber v. The Hebrew University of Jerusalem 2025 ONSC 3088
In Gruber v. The Hebrew University of Jerusalem, 2025 ONSC 3088, the Ontario Superior Court of Justice was asked to interpret the will of Yaacov Glickman, a deceased academic who left his entire estate to support Jewish-Arab academic cooperation through an “endowment” at the Hebrew University of Jerusalem. The estate trustee, concerned about ambiguity in […]
Ontario Court Upholds Right of Survivorship in Joint Accounts, Rejects Estate Claim in Morden v. Niwranski
In Morden v. Niwranski, the Ontario Superior Court of Justice examined whether joint investment accounts held by a deceased man and his common law partner were subject to a resulting trust in favour of his estate or whether they passed to the surviving partner by right of survivorship. The Court ruled in favour of the […]
MacKinnon v. MacKinnon
Case Analysis: MacKinnon v. MacKinnon, 2025 ONSC 2426 (CanLII) Overview MacKinnon v. MacKinnon (2025 ONSC 2426) is an Ontario Superior Court of Justice decision addressing two applications concerning the estates of Robert Wilson MacKinnon and Maxine Roxella MacKinnon. The court heard the applications together under Rule 6.01(1) of the Rules of Civil Procedure. The applications […]
AI Hallucinations in Estates Court – The Cautionary Tale of Ko v. Li
Ko v. Li, 2025 ONSC 2766 In Ko v. Li, Justice FL Myers addressed a case involving the applicant’s legal counsel submitting a factum that contained fictitious and mis-cited cases. The court suspected these errors were the result of AI-generated content, specifically citing potential “hallucinations” where AI produces fabricated or inaccurate information. The factum’s […]
Unraveling Fiduciary Duty: The Barker v. Barker Case and Its Lessons for Estate Management
Overview In Barker v. Barker, Bob Alan Barker accused his sister, Catherine Elizabeth Barker, of mismanaging their late brother John Joseph Barker’s estate. Bob sought to remove Catherine as Estate Trustee and bar her from inheriting, alleging she breached her fiduciary duty by misappropriating John’s funds. The case centered on Bob’s motion for financial document […]
Can a Plaintiff Remove a Litigation Guardian After Regaining Capacity?
Ontario Court Upholds PGT as Litigation Guardian in Duffy v. McDaniel, Reinforcing Strict Evidentiary Standards for Capacity In *Duffy v. McDaniel, 2025 ONSC 2899 (CanLII)*, the Ontario Superior Court of Justice addressed a motion to remove the Public Guardian and Trustee (PGT) as the litigation guardian for Stephen Duffy, a plaintiff who suffered a traumatic […]
Scott v. Wilson, 2025 ONSC 2981: Court Orders Capacity Assessment Over Objections Amid Power Struggles in Guardianship Dispute
Scott v. Wilson, 2025 ONSC 2981: Court Orders Capacity Assessment Over Objections Amid Power Struggles Guardianship Dispute Justice C. Gilmore of the Ontario Superior Court (Estates List) ordered a capacity assessment under section 79 of the Substitute Decisions Act, 1992 despite opposition from the allegedly incapable adult and her common-law spouse. The case illustrates how […]
