Compelling Unresponsive Estate Trustees to Act

Compelling Unresponsive Estate Trustees to Act

An order to accept or refuse appointment under Rule 74.15(1)(a) or (b) of the Rules of Civil Procedure is an under-utilized tool in estate litigation. It allows an interested party to compel the estate trustee, either named in a will or acting as an estate trustee, to seek a certificate of appointment.

Apples to Apples vs the ” Silo Approach” – What are the differences?

Apples to Apples vs the ” Silo Approach” – What are the differences?

Cadieux v. Cloutier 2018 ONCA 903

The Court of Appeal released its decision in Cadieux v. Cloutier (“Cadieux”) in December 2018. This case concerns a motor vehicle accident where the plaintiff, Chad Cadieux, suffered brain injuries after he was pushed onto the road by one of the defendants, Eric Saywell and struck by the truck of a second defendant, Mr. Cloutier.

To Be a Laneway or Not to Be a Laneway – That is the Question: Guy v. Toronto (City), 2011 ONCA 689

This recent decision of the Ontario Court of Appeal is likely to cause ripples of apprehension in municipalities across Ontario. In Guy v. Toronto (City), the Court of Appeal upheld both the Divisional Court and the Superior Court decisions finding the City of Toronto liable to Ms. Guy for damages she suffered as a result of a slip and fall on an icy road allowance.