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Ontario Court Affirms Dementia Patients’ Right to Family Visits Despite Attorney Objections in Orr v. Orr, 2025 ONSC 4986

Overview This case, Orr v. Orr, 2025 ONSC 4986 (CanLII), decided by Justice M.A. Cook of the Ontario Superior Court of Justice, addresses the authority of an attorney for personal care under the Substitute Decisions Act, 1992 (SDA) to restrict family visits to an incapacitated person in a long-term care home. The applicant, Gwen Ruby Orr, sought a declaration of her husband William George Orr’s (Bill) incapacity for personal care and court directions to bar their adult children, Alison

Ontario Estate Court Forms Updated: Essential Changes to Be Aware Of

Ontario Estate Court Forms Updated: What You Need to Know The Ontario Ministry of the Attorney General has once again updated the estate court forms, this time under O. Reg. 72/25, which took effect on August 13, 2025. These reforms are designed to streamline probate applications, reduce administrative hurdles for estate professionals, and ultimately make the process clearer and more efficient for everyone involved in estate administration. Key Highlights of the August 2025 Changes 1. Clearer Bond Requirements The

Jurisdictional Challenges in Cross-Border Estate Disputes: Bratusa v. Doersam, 2025 ONSC 4726

Overview In Bratusa v. Doersam, applicants Nicole Lynn Bratusa and her minor daughter, Olivia Jade Doersam Bratusa, sought dependent’s support from the estate of Ryan Campbell Doersam, who died in Costa Rica in September 2024. The applicants, who lived with the deceased in Costa Rica, aimed to access the estate’s assets and the value of over $4 million in life insurance proceeds held in trust for the deceased’s four children from a prior marriage. The respondent, Kendra Lauren Dawson,

Suspicious Wills and the Appointment of an ETDL – In the Estate of Brian William McGarry, 2025 ONSC 3299

Overview The Ontario Superior Court’s decision in In the Estate of Brian William McGarry, 2025 ONSC 3299 is a striking example of how courts handle suspicious wills, contested life insurance beneficiary changes, and the appointment of an Estate Trustee During Litigation (ETDL). Justice Marc Smith was faced with allegations of diminished capacity, potential undue influence, and unusual estate planning decisions that heavily favored the deceased’s former lawyers. The ruling not only clarifies the court’s power to step in before

Court of Appeal Upholds Ruling in Wyszatko Estate Dispute, Clarifies Loan Liability

In Macpherson v. Wyszatko Estate, 2025 ONCA 576, the Court of Appeal for Ontario largely upheld a Superior Court decision resolving a complex family dispute over the estate of Nadia Wyszatko, which included two marinas in East Gwillimbury. The appeal, brought by Richard Wyszatko, challenged the trial judge’s findings on a $100,000 loan repayment, occupation rent for marina operations, and a $104,722.39 costs award in favor of his sister, Julia Macpherson. While dismissing most of Richard’s arguments for lack

Bobila Walker Law – Trusted Ontario Estate Litigation Lawyers

When a loved one passes away, navigating the legal and emotional challenges of settling their estate can be overwhelming. Disputes over wills, trusts, or powers of attorney can make an already difficult time even more stressful. At Bobila Walker Law, we provide clear guidance, compassionate support, and strong legal representation to help you protect your rights and achieve fair outcomes in estate matters throughout Ontario. What Is Estate Litigation? Estate litigation refers to legal disputes involving a deceased person’s

What Happens If You Die Without a Will in Ontario? Understanding Intestacy Laws in 2025

In Ontario, dying without a will—known as intestacy—can trigger a cascade of legal complications, including family disputes, court battles, and unexpected inheritance outcomes. At Bobila Walker Law, our estate litigation experts frequently handle cases where intestate estates lead to prolonged litigation, draining resources and fracturing relationships. If you’re searching for “dying without a will Ontario litigation,” “intestacy disputes Ontario,” or “estate challenges intestacy,” this guide breaks down the process, key rules, recent 2025 changes, and the litigation pitfalls you

Stewart Estate v. Stewart: Navigating Tax Liabilities and Testamentary Intent in Estate Administration

The Ontario Court of Appeal’s decision in Stewart Estate v. Stewart, 2025 ONCA 575 (CanLII), decided on July 30, 2025, addresses critical issues in estate administration, particularly the tension between honoring a testator’s wishes and managing substantial tax liabilities. This case, arising from motions to stay an order interpreting the will of William Archibald Stewart, underscores the complexities of administering estates with significant assets and outdated provisions. Case Background William Archibald Stewart died on February 18, 1994, survived by

Landmark Decision in Fisher v. Danilunas: Recognizing Foreign Guardianship Orders in Ontario

Overview In the groundbreaking case of Fisher v. Danilunas, 2025 ONSC 4359, the Ontario Superior Court of Justice delivered a precedent-setting decision on the recognition of foreign guardianship orders in Ontario. Our firm had the privilege of acting as an intervenor in this case, representing Coral Wilson in her capacity as Guardian for Gloria Lew, contributing to a ruling that balances the protection of vulnerable individuals with respect for international comity. This case addresses the complex interplay between Ontario’s

Ferritto v. Ferritto: A Cautionary Tale on Guardianship Disputes and Litigation Costs

Ferritto v. Ferritto: Key Insights from the 2025 ONSC Costs Decision on Guardianship Litigation Introduction The recent Ontario Superior Court of Justice decision in Ferritto v. Ferritto et al., 2025 ONSC 4217, provides critical insights into guardianship disputes, costs awards, and the consequences of misconduct in estate litigation. Released on July 17, 2025, this costs decision by Justice L. Sheard addresses a contentious family dispute involving allegations of undue influence and financial mismanagement. This blog post breaks down the

Latest Posts

Madhani v. Fast, 2025 ONSC 4100: Court Refuses to Validate Unsigned Electronic Draft Will

Can an attorney for personal care stop family members from visiting a loved one in long-term care?

Protecting Your Legacy: Why High-Net-Worth Families in Toronto Trust Bobila Walker Law for Estate, Guardianship and PoA Matters

Protect Your Child with Bobila Walker Law: Hague Child Abduction Lawyers in Toronto, Ontario, Canada

Secure Your Loved Ones’ Future with Bobila Walker Law: Trusted Guardianship and Power of Attorney Services in Toronto and the GTA

Guardianship Lawyers and Elder Law Attorneys in Ontario: Protecting Your Loved One’s Future

Bobila Walker Law – Toronto, Ontario Estate Contingency Fee Lawyers – Why Contingency Fee Arrangements Can Help in Estate Litigation

Minimum Evidentiary Threshold: Court Declines Further Production in Orde v. Foster

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