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Tag: <span>estate litigation</span>


Felice C. Kirsh, Jordan D. Oelbaum, and Sender B. Tator were again recognized by their peers as three of the Best Lawyers in Canada, for the year 2024, in the “Best Lawyers in Canada” survey for the specialty area of Trusts and Estates. Mitchell J. Rattner was again recognized by his peers as “One to […]
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Dependant Support & Section 72 Assets – Is a pre-retirement death benefit a Section 72 Asset?

In advancing a claim for dependant support against an estate, one of the key considerations is what assets are available to satisfy the claim. Section 72 of the Succession Law Reform Act (“SLRA”) lists certain assets and transactions which may be clawed back and deemed to form part of the estate, for purposes of ascertaining […]
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A Suicide Note as a valid Holograph Will – ONCA decision on Testamentary Capacity and Costs in Estate Litigation

A Suicide Note as a valid Holograph Will – ONCA decision on Testamentary Capacity and Costs in Estate Litigation By: Mitchell J. Rattner   The Ontario Court of Appeal (“ONCA”) recently released a decision (McGrath v. Joy, 2022 ONCA 119) which dealt with the issue of testamentary capacity of a person who suffered from alcohol […]
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Mitchell Rattner named one of the top Estates & Trusts lawyers in Toronto, in Post City Magazines survey

In Post City Magazine’s 2021 survey, Mitchell Rattner was voted as one of the top lawyers in Toronto practicing in the area of Estates & Trusts Law. Mitchell J. Rattner – Toronto’s Top Lawyers 2021 – Here is a link to the North Toronto Post (November 2021 issue): North Toronto Post November 2021 by […]
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Further Suspension of Limitation Periods and Statutory Deadlines

Pursuant to section 7.1(2) of the Emergency Management and Civil Protection Act, the Ontario legislature temporarily suspended the operation of limitation periods and time limits in proceedings made under a statute, regulation, rule, by-law or order of the government of Ontario for the duration of the emergency. The suspension is retroactive to March 16, 2020. […]
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Estate Litigation: Using Technology to Adapt

I recently blogged about how the Court has adapted and modernized in response to the unprecedented challenges caused by COVID-19. Since my last blog post, the Court released a series of notices, with new practice directions. You can access the Condolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media (May 13, 2020) […]
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The Courts and COVID-19

While there have been past efforts to integrate new technology, the Court has been primarily structured around people and paper. However, in response to recent government efforts to enforce social distancing and ‘flatten the curve’, the Court has embraced technological solutions, including holding hearings by videoconference and expanding its capacity to accept electronic filing of […]
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