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.

A New Benchmark for Family Law Act Damages

A New Benchmark for Family Law Act Damages

Samantha Cain Partner Contact Information  (705) 722-4400 ext. 262 scain@chcbarristers.com Assistant: Kayla Preston  (705) 722-4400 ext. 245 kpreston@chcbarristers.com Law Clerk: Vicki Bumstead  (705) 722-4400 ext. 259 vbumstead@chcbarristers.com The Ontario Court of...
Unintended Vacancy from Health Issues Can Lead to Insurance Coverage Exclusion

Unintended Vacancy from Health Issues Can Lead to Insurance Coverage Exclusion

Home insurance policies, unbeknownst to many policy holders, typically have coverage exclusions that apply if damage/loss occurs while the property is “vacant”. Typically, the issue arises when the homeowner intentionally leaves the home for a an extended period of time (ie. vacation, work trips, etc). However, what happens when unexpected events, such as health complications, cause us to be away from home for an extended period of time?

Should they stay or should they go? A cautionary tale about witness exclusions.

Should they stay or should they go? A cautionary tale about witness exclusions.

It is a fundamental principle of common law that court proceedings are open to the public. There are, of course, factors and circumstances that necessitate a departure from this principle. For example, the exclusion of witnesses for a trial until they are called to give evidence is meant to avoid witnesses giving “tainted” evidence that is influenced by other testimony or court proceedings.