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. The Ontario Court of Appeal upheld an order removing two estate trustees and ordered them to personally pay $21,000 in costs, finding that their

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 the testamentary language and the risk of the gift failing for uncertainty, brought an application for advice and directions. Justice Papageorgiou ultimately upheld the

The Debono v. JCD Property Ltd., 2025 ONSC 516 (CanLII) case offers a wealth of lessons for litigants, particularly in the context of family and estate disputes. Below is an expansive summary of the key takeaways, organized thematically to provide comprehensive guidance without relying on specific numerical details (e.g., dollar amounts or deadlines). These lessons reflect the court’s findings, procedural rulings, and broader implications for navigating complex litigation. Transparency is Paramount Full Disclosure is Non-Negotiable: Courts demand complete and

Case Analysis: Khosravi v. Mohammadi et al, 2025 ONSC 2697 Introduction The case of *Khosravi v. Mohammadi et al*, 2025 ONSC 2697 addresses a dispute over the estate of Mahdyar Mohammadi, who passed away intestate in November 2023. The applicant, Somayeh Khosravi, the deceased’s common-law spouse, sought partition and sale of a co-owned property, distribution of 50% of the proceeds, and reimbursement for funeral and carrying costs. The respondents, the deceased’s parents, contested the distribution and reimbursement, raising issues

Ross v. Luypaert, 2025 ONCA 236 – A Tale of Family, Property, and Procedural Fairness On March 27, 2025, the Court of Appeal for Ontario released its decision in Ross v. Luypaert, 2025 ONCA 236, a case that pits family dynamics against property rights and tests the limits of procedural fairness. This appeal stemmed from a dispute between siblings over two properties owned by their aging, incapable parents. The ruling offers valuable insights into partition and sale under the

Date:  2025-03-31 File number:  CV-24-00723153-00ES Citation:  Officer v. The Estate of Charles Herbert Officer et al., 2025 ONSC 1978 (CanLII) The case of Officer v. The Estate of Charles Herbert Officer et al., decided by the Ontario Superior Court of Justice on September 9, 2024, and reported as 2025 ONSC 1978, is a significant estate litigation matter addressing the scope of document production in the context of a dependant’s support claim under Part V of the Succession Law Reform Act, RSO 1990,

Case Analysis: Balkisson v. Sandy (2025 ONSC) Introduction The case of Balkisson v. Sandy (2025 ONSC, January 14, 2025) addresses a family dispute over the ownership of a residential property, raising critical questions about resulting trusts and gifts in the context of gratuitous property transfers between a parent and adult children. The applicant, Veronica Ann Balkisson, sought a declaration that her son, Stefan Sandy, held title to a property at 78 Lambeth Street, Brampton, as a bare trustee for

How does the court balance the protection of a vulnerable individual’s autonomy with the prevention of exploitation by caregivers in the context of powers of attorney and contractual agreements? Ontario Court Invalidates Power of Attorney and Caregiver Contract, Protecting Vulnerable Widow from Exploitation In BMO Trust Company v. Aubin, 2025 ONSC 2298, decided on April 14, 2025, the Ontario Superior Court of Justice confronted critical issues surrounding the protection of Patricia Roper, an 82-year-old widow with cognitive impairments, from

Case Analysis: Prosser v. Jaun, 2025 ONSC 2634 Overview In Prosser v. Jaun, 2025 ONSC 2634, the Ontario Superior Court of Justice addressed a motion for production of solicitors’ files in a dispute over an alleged secret trust concerning a Silver Islet cottage. The applicant, the son of the deceased, claimed that his mother and stepfather created a secret trust to benefit him in the cottage. He sought access to his mother’s and stepfather’s legal files to substantiate this

Case: Estate of Laura Jeanne Helwig, Deceased, 2025ONSC  Case Introduction In an unreported decision heard on April 30, 2025, by the Ontario Superior Court of Justice, the estate of a deceased vendor sought a vesting order to register a property transfer impeded by the Director of Titles’ policy against “zombie deeds.” Presided over by Justice FL Myers, the case, Estate of Laura Jeanne Helwig, Deceased, addresses the conflict between Ontario’s land title principles, which vest title upon deed delivery,