Case: Fisher v. Danilunas, 2025 ONSC 2061 In an increasingly globalized world, the mobility of individuals and their assets across borders has become commonplace. As people age and require support in managing personal and financial affairs, guardianship arrangements often come into play—frequently originating from jurisdictions outside of Ontario. Yet, Ontario’s legal framework has not kept pace with this reality. Specifically, the Substitute Decisions Act, 1992 (SDA) fails to provide an effective mechanism for recognizing guardianship orders from foreign countries,

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

The case Debono v. JCD Property Ltd., 2025 ONSC 516 (CanLII), involves two related lawsuits centered on a family dispute over the estate of Carmen Mary Debono and her real estate business. The case underscores the perils of tactical litigation and non-disclosure in family disputes. Courts prioritize transparency and substantive resolution, using procedural tools (Rules of Civil Procedure) to enforce compliance. Premature final orders are avoided to preserve trial fairness, and interim relief requires strict justification. Citation: Debono v.

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: Debono v. Debono, 2020 ONSC 4728 200806-j-gilmore-endorsement-on-july-24-2020-motion-1 In Debono v. Debono, 2020 ONSC 4728, the Ontario Superior Court of Justice delivered a significant ruling on the limits of compelling section 3 counsel to testify in capacity litigation under the Substitute Decisions Act, 1992 (“SDA”). At issue was whether Carmen Debono’s court-appointed section 3 lawyers could be summonsed as witnesses by her sons, who alleged she was being unduly influenced by other family members. Debono v. Debono is a

Ontario Court Urgently Removes Estate Trustee at Case Conference Over Health Concerns and Non-Compliance Case Summary: Panchyshyn v. Pietron Overview In the Ontario Superior Court of Justice case Panchyshyn v. Pietron (April 15, 2025), Justice FL Myers issued an endorsement addressing an urgent case conference concerning the administration of the estate of Mike Panchyshyn. The Applicants, Joe and Ted Panchyshyn, sought to remove their sister, Kathryn Pietron, as the executrix and trustee of their late father’s estate due to delays and

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: Jones v. Jones, 2025 ONSC 695 (CanLII) THE FACTS In 2012, Morris Guy Jones, a lawyer, created the Morris Guy Jones Family Trust to hold a cottage in Youngstown, New York. He named his spouse, Vaska Micevski Jones, as the trustee, with himself as the settlor. The trust beneficiaries included Vaska, his son Brendan Jones from a prior marriage, and Brendan’s children. The cottage was purchased for $850,000 USD, with funds sourced from a mortgage on Morris’s Toronto

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

Can a Court Appoint a Professional Trustee and Validate a Contested Codicil When Named Trustees Fail to Administer Estates for Decades? ANSWER: Yes, a court can appoint a professional trustee and validate a contested codicil when named trustees fail to administer estates for decades, as demonstrated in MacKinnon v. MacKinnon, 2025 ONSC 2426. The Ontario Superior Court exercised its authority under sections 5(1) and 37(1) of the Trustee Act to pass over incapacitated and inactive trustees, appointing George Morison