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Quinn v. Carrigan: “No litigation outcome is inevitable”

by Rob Levesque, Published: November 15, 2014 It can be comforting to think of the law as an objective system that produces consistent, predictable results.  However, judges aren’t computers, and different judges can interpret the same facts and the same law in different ways, producing totally different outcomes. It can be particularly difficult to predict the […]
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What you need to know before starting a will challenge: Leibel v. Leibel

by Robin Spurr, Published: November 07, 2014 There has been a lot of buzz in the legal community recently about the case of Leibel v. Leibel (reported as Leibel v. Lewis), which was decided by the Honourable Justice Greer in August of this year.  The reason for all the legal chatter is that this case clarified whether there is […]
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Do the claims of dependants have priority over the claims of other creditors?

by Rob Levesque, Published: October 15, 2014 In the administration of any estate, one of the estate trustee’s first jobs is to identify potential creditors who might advance claims against the estate.  The general wisdom has always been that an estate trustee should make sure that he or she has held back sufficent funds from the […]
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Estate Administration and Automatic Vesting

by Robin Spurr, Published: October 03, 2014 Automatic vesting is often an illusory concept and almost always comes as a surprise to the lay estate trustee. The rule as set out in the Estates Administration Act (EAA) is that real property vests in the beneficiaries three years after the death of the testator. Vesting means taking ownership of […]
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Felice Kirsh speaks to financial advisors about best practices

by Rob Levesque, Published: September 18, 2014 On September 16, 2014, Felice Kirsh gave a talk to a group of financial advisors at CIBC Wood Gundy titled “Keeping the Financial Advisor Out of Litigation”.  Topics covered included taking instructions from clients; the importance of keeping a well-documented file; and ensuring that advice given is limited to […]
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Felice Kirsh to chair conference at Osgoode Hall Law School

by Rob Levesque, Published: September 17, 2014 On Septermber 24, 2014, Felice Kirsh will chair a conference at Osgoode Hall Law School, titled “Managing, Mediating and Litigating Estates Disputes“. The conference will cover all stages of an estate litigation matter, from the initial client interview, to discovery, to mediation to trial.
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Jordan Oelbaum speaks about the discovery process at Osgoode Hall Law School

by Robin Spurr, Published: September 25, 2014 On September 24, 2014, Jordan Oelbaum spoke at “Managing, Mediating and Litigating Estates Disputes“, a conference held at Osgoode Hall Law School. In his paper, “Discovery and Settlement in the Estate Case: Preparing for Settlement”, Jordan explores the discovery and settlement processes in light of the Court’s recent comments […]
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