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- bobilawalkerlaw
- / Estate Litigation, Estate Litigation|Estate Trustee|Estate Trustee During Litigation|ETDL|Fiduciary Duty /
- August 12, 2025
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
- bobilawalkerlaw
- Estate Litigation, Estate Litigation|Estate Trustee|Estate Trustee During Litigation|ETDL|Fiduciary Duty
- August 12, 2025
- bobilawalkerlaw
- / Uncategorized /
- August 12, 2025
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
- bobilawalkerlaw
- Uncategorized
- August 12, 2025
- bobilawalkerlaw
- / Uncategorized /
- August 12, 2025
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
- bobilawalkerlaw
- Uncategorized
- August 12, 2025
- bobilawalkerlaw
- / Uncategorized /
- August 4, 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
- bobilawalkerlaw
- Uncategorized
- August 4, 2025
- bobilawalkerlaw
- / Estate Litigation /
- August 2, 2025
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
- bobilawalkerlaw
- Estate Litigation
- August 2, 2025
- bobilawalkerlaw
- / Uncategorized /
- July 26, 2025
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
- bobilawalkerlaw
- Uncategorized
- July 26, 2025
- bobilawalkerlaw
- / Estate Litigation, Guardianship /
- July 21, 2025
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
- bobilawalkerlaw
- Estate Litigation, Guardianship
- July 21, 2025
- bobilawalkerlaw
- / Uncategorized /
- July 21, 2025
Are you navigating the complexities of probate in Oakville? As experienced estate litigation lawyers, Bobila Walker Law is here to provide compassionate and professional probate advice. Probate can be a challenging process, but our team of dedicated estate lawyers makes it simpler by offering personalized support every step of the way. At Bobila Walker Law, our clients are in trusted hands. Our founding partners, with over 20 years of combined experience in estate law, are committed to helping families
- bobilawalkerlaw
- Uncategorized
- July 21, 2025
- bobilawalkerlaw
- / Uncategorized /
- July 21, 2025
Dedicated Guardianship Dispute Lawyers in Oakville When a loved one faces mental incapacity without proper advance planning, such as a Power of Attorney, the situation can quickly become overwhelming. In Ontario, decision-making authority often defaults to the Office of the Public Guardian and Trustee (PGT) under the Substitute Decisions Act. However, if you believe a family member or trusted individual is better suited to serve as guardian, pursuing a guardianship application—or challenging an existing one—may be essential to protect
- bobilawalkerlaw
- Uncategorized
- July 21, 2025
- bobilawalkerlaw
- / Estate Litigation /
- July 19, 2025
The recent Ontario Court of Appeal decision in Muscat v. Muscat Estate, 2025 ONCA 518 (CanLII), serves as a powerful reminder of the critical responsibilities estate trustees hold and the consequences of failing to uphold them. This case underscores the importance of transparency, due diligence, and prioritizing the beneficiary’s interests in estate administration. Here’s what you need to know. Case Overview In Muscat v. Muscat Estate, the Ontario Court of Appeal upheld the removal of two estate trustees, Ilinka
- bobilawalkerlaw
- Estate Litigation
- July 19, 2025
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Our next event is on Tuesday, 5th December 2023, from 12:30 PM – 1:30 PM.
Our next event is on Tuesday, 5th December 2023, from 12:30 PM – 1:30 PM.
Our next event is on Tuesday, 5th December 2023, from 12:30 PM – 1:30 PM.