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. […]
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) […]
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 […]
by Rob Levesque It is well-settled that in estate litigation the unsuccessful party must generally pay some of the successful party’s costs – this is often referred to as the “loser pays principle”. Importantly however, the loser pays principle is subject to certain exceptions that are unique to estate litigation. For instance, where there is a […]
by Robin Spurr, Published: November 06, 2015 Scalia v. Scalia is a Court of Appeal decision, which provides guidance for Power of Attorney disputes, specifically the scope of the attorney for property’s authority with respect to joint assets, as well as the cost consequences for an unreasonable attorney for property. This was an appeal involving a dispute […]
by Rob Levesque, Published: December 11, 2013 Felice Kirsh was recently quoted in an article on AdvocateDaily.com. In “When estate litigation gets tense, lawyers must stay cool”, Ms. Kirsh explains that when an estate litigation scenario becomes heated or tense, it is incumbent upon the lawyer to remain calm and level-headed. “The vast majority of cases are […]