PODCAST · business
Hull on Estates
by The Lawyers of Hull and Hull LLP
Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull & Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
Episodes
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753 - How Not to Change a Will: Boyle v. Boyle
In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss Boyle v. Boyle, 2026 ONSC 4919, a recent Ontario decision that discusses what happens when a testator starts changing his will with handwritten notes and markings. Join us as we unpack the court's reasoning on curative...
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752 - Fraud and Fabricated Wills in Probate: Lessons for Estate Practitioners from R. v. Konashewych
This week on Hull on Estates, Doreen So and Kagan Acar discuss R. v. Konashewych, 2026 ONCA 497, in which the Ontario Court of Appeal upheld the fraud convictions of a police officer and an employee of the Office of the Public Guardian and Trustee who produced a fabricated will and pushed it...
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751 - Expressed Intentions vs. Testamentary Intentions: Lessons from Bechtel Estate
In this episode of Hull on Estates, Natalia Angelini and Yalda Mostafaie discuss Smith v. Bechtel Estate, in which the Ontario Superior Court of Justice considered whether an unsigned draft will could be validated under section 21.1 of the Succession Law Reform Act. The episode explores the...
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750 - The Presumption of Resulting Trust & Beneficiary Designations: Kunka Estate v. Giasson
In this, our 750th episode of Hull on Estates, Jonathon Kappy and Sofie Hector discuss Kunka Estate v. Giasson, 2026 ONSC 1842, a recent Ontario decision that provides important guidance on the application of the presumption of resulting trust to registered accounts with beneficiary designations....
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749 - Screening for Safety in Mediation: Guidance from the HELP-M Toolkit
This week on Hull on Estates, Nick Esterbauer and Mark Debono discuss the HELP-M Toolkit: Identifying and Responding to Family Violence and Power Imbalances in Mediative Approaches, some of its principles, and its application to mediation in estate litigation context. For more information, please...
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748 - Will Challenges Beyond the Two-Year Limitation Period? Insights from Roberts v. Cowie
In this episode of Hull on Estates, Stuart Clark and Mandana Niknejad discuss the Ontario Superior Court's decision in Roberts v. Cowie and the evolving law surrounding limitation periods in will challenges. The discussion explores the distinction between probate proceedings and civil claims, the...
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747 - Trading the Axe for a Scalpel: The Court of Appeal Overrules Handley Estate in 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City)
This week on Hull and Estates, Doreen So and Li-Mei Mayer discuss the recent court of appeal decision 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, which overhauled the Handley Estate rule governing the disclosure of partial settlement agreements in...
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746 - A New Tort, New Claims: The Intersection of Intimate Partner Violence and the SLRA
On this week's episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court's recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court's three-part test and highlights the evidentiary and conceptual challenges associated...
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745 - When Does an Apparent Financial Interest in an Estate Give You Standing?
In this episode of Hull on Estates, Jonathon Kappy and Jordan Sarah Head discuss when an apparent financial interest is sufficient to confer standing in estate proceedings, focusing on Will challenges and passings of accounts. They discuss Toronto-Dominion Bank v. Witoszkin, 2024 ONSC 921, to...
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744 - D.R. v. A.R. - Guardianship of Property and the Consideration of Less Restrictive Alternative
In this episode of Hull on Estates, Nick Esterbauer and Osama Saleemi discuss D.R. v. A.R., 2026 ONSC 796, a recent decision of the Ontario Superior Court of Justice addressing guardianship of property under the Substitute Decisions Act, 1992, and when less restrictive options might be more...
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743 - The Rule Against Perpetuities and its Application in Ottawa (City) v. ClubLink Corporation ULC
In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss the rule against perpetuities as applied in Ottawa (City) v. ClubLink Corporation ULC 2021 ONCA 847 and 2025 ONCA 34. A medieval doctrine and long-standing source of anxiety for lawyers, the rule against perpetuities is...
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742 - Intestacy and Modern Families: Lessons from Estate of Sydney Monteith
In this episode of Hull on Estates, Doreen So and Yalda Mostafaie discuss Estate of Sydney Monteith, 2023 ONSC 7246, in which the Ontario Superior Court of Justice considered whether a fostered but non‑adopted child could inherit on an intestacy. The episode examines the interaction between the...
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741 - Hernandez v Hernandez, 2026 ONSC 1136, Proportionality and Costs in Estate Disputes
This week on Hull on Estates, Natalia Angelini and Sofie Hector discuss Hernandez v. Hernandez, 2026 ONSC 1136, where the Ontario Superior Court of Justice awarded costs against a party who was successful on the legal issue before the Court, emphasizing that relative success does not shield a...
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740 - Passings of Accounts as a Strategic Tool Beyond Retrospective Approval
This week on Hull on Estates, Jonathan Kappy and Osama Saleemi discuss the passing of accounts in estate, trust, and fiduciary matters, with a particular focus on how the process can be used creatively beyond its traditional retrospective function. The episode examines the limits of passing...
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739 - Capacity, Autonomy, and the Termination of Guardianship - Lessons from Zheng v Zheng
This week on Hull on Estates, Nick Esterbauer and Li‑Mei Mayer discuss key considerations in guardianship matters, including the presumption of capacity, professional responsibilities when capacity is in issue, individual autonomy, and the termination of guardianship. These concepts are examined…
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738 - The Power to Validate Electronic Wills: s. 21.1 of the Succession Law Reform Act after Gebremariam v. Menghesha
This week on Hull on Estates, Stuart Clark and Mark Debono discuss Gebremariam v. Menghesha, 2026 ONSC 545, where the Court exercised its power under section 21.1 of theSuccession Law Reform Act to validate a testamentary document that was electronically written, unsigned, and unwitnessed, in…
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737 - The Final Policy Report: Proposed Changes to the Rules of Civil Procedure and their Impact on Estates Proceedings
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss the Civil Rules Review Committee's Final Policy Report on the proposed changes to the Rules of Civil Procedure, focusing on their impact on estates proceedings and comparing the current model with the proposed framework, while...
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736 - Proving Parentage: The Role of DNA Testing in Intestacy Disputes
In this episode of Hull on Estates, Natalia Angelini and Jordan Sarah Head examine parentage disputes over intestate estates under the Succession Law Reform Act. They discuss how competing definitions of who qualifies as a "child" often lead to litigation, how DNA testing can streamline…
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735 - AI, Fake Authorities, and Process Integrity: The Ko v. Li Lesson
In this episode Jordyn Sanford and Jonathon Kappy follow the escalation of a show-cause hearing in Ko v. Li arising from AI‑generated "authorities" embedded in a factum. We discuss the initial show‑cause order and the Court's emphasis on counsel's duties to verify citations, supervise staff, and...
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733 - The Capacity to Divorce - Calvert v. Calvert
This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case of Calvert (litigation guardian of) v. Calvert, 1997…
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732 – Mayer v. Rubin – How the Appointment of Estate Trustees During Litigation is Evolving in Ontario
This week on Hull on Estates, Stuart Clark and Mark Debono discuss Mayer v. Rubin, 2017 ONSC 3498 where the Court exercised its inherent jurisdiction to appoint an Estate Trustee During Litigation, which is distinct from the conventional statutory authority relied upon to appoint an Estate…
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731 - Support, Evidence and Testamentary Autonomy: Inside Watson v Lopes
This week on Hull on Estates, Natalia Angelini and Darien Murray discuss the decision of Watson v Lopes, 2025 ONSC 5934, where the Ontario Superior Court awarded a common-law spouse a lump-sum amount in dependant's support based on the deceased's moral obligation, despite being unable to conclude...
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730 - Applications for Directions under Rule 75.06
In this episode of Hull on Estates, Jonathon Kappy and Boris Eng dive into the often-overlooked versatility of Applications for Directions under Rule 75.06. After outlining their traditional role in estate litigation, they explore some of the stranger and more creative ways these applications…
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729 - The 11th Annual Family Dispute Resolution Institute of Ontario Conference, November 6, 2025
This week on Hull on Estates, Nick Esterbauer and Geoffrey Sculthorpe preview the 11th Annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference, "The FDR Toolbox: Equipping Professionals for a Changing World," set to take place on November 6, 2025, at the Ismaili Centre in…
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728 - Klemensiewicz v. Klemens et al: Resulting or Constructive Trust & the Real Property Limitations Act
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real property was held on resulting or constructive trust and (2) s.…
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727 - Beneficiaries and Corporate Records: How Far Do Disclosure Rights Extend?
In this episode of Hull on Estates, Stuart Clark and Sumit Malhotra discuss disclosure rights of beneficiaries in context of corporations.
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726 - When the Will Says One Thing and the Bills Say Another: The Stewart Estate Decision
This week on Hull on Estates, Natalia Angelini and Shawnee Matinnia explore what happens when a testator's intentions collide with the estate's liabilities. They discuss the recent Ontario Court of Appeal decision of Stewart Estate v. Stewart, 2025 ONCA 575, where the court confirmed a…
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725 - The Scope of Relief From Forfeiture
This week on Hull on Estates, Jonathon Kappy and Mark Lahn discuss the scope of relief from forfeiture and how this equitable remedy can be applied in the context of estate settlements. Cases discussed: Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., 1994 CanLII 100 (SCC) -...
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724 – R. v. Bharwani: The Basics of Mental Capacity and Capacity for Fitness to Stand Trial
This week on Hull on Estates, Nick Esterbauer and Margarita Grup explore the nuanced world of mental capacity, discussing key legal principles and a landmark Supreme Court of Canada decision. They break down the nature of mental capacity, examine capacity standards in several different contexts,...
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723 - Proposed Reforms to the Ontario Rules of Civil Procedure
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss proposed changes to the Ontario Rules of Civil Procedure and their implications for the civil litigation landscape, with a special focus on estate litigation. Consultation Paper referred to in the podcast:...
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722 - CPC Networks Corp. v McDougall Gauley LLP, Lawyer File Ownership and Production Obligations
This week on Hull on Estates, Stuart Clark and Grey Tiansheng Wen discuss the Saskatchewan Court of Appeal's recent decision in CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90, a case with significant implications for lawyer file ownership and production obligations. The decision explores...
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721 - Quebec's Parental Union Reform
This week on Hull on Estates, Natalia Angelini and Geoffrey Sculthorpe discuss a major change in Quebec's family law framework, with the introduction of the Parental Union regime, taking effect on June 30, 2025. Blogs referenced:...
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720 - The History and Application of Mutual Will Agreements
This week on Hull on Estates, Jonathon Kappy and Doug Higgins discuss the history and application of mutual will agreements – as well as some considerations for individuals and solicitors considering the use of this unique estate planning mechanism.
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719 - The Robe & the Robot: The Use of AI Tools in Legal Practice
This week on Hull on Estates, Nick Esterbauer and Darien Murray explore the evolving role of AI tools in the legal industry. They discuss real-world application, risks to consider, and AI's day-to-day impact in the legal profession. The link to the LSO resource centre on using technology and...
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718 - Exploring Collaborative Law in Estate Practice
This week on Hull on Estates, Boris Eng sits down with Sydney Osmar to explore collaborative law, a new form of alternative dispute resolution making its way into estate law. Discover how this innovative approach can help reduce costs, preserve family relationships, and avoid the adversarial…
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717 – Panchyshyn v. Pietron: When an Estate Trustee Requires a Temporary Leave
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court's exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of...
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716 - Beirat v. Khiyal: An Issue of Standing Re Claims Brought on Behalf of an Estate
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the Ontario Court of Appeal decision of Beirat v. Khiyal, 2024 ONCA 790, where the Court examines the issue of standing as it relates to claims being brought on behalf of an estate. See also David M. Smith's recent blog on the...
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715- Balkinson v. Sandy: A Mother's Gift Gone Wrong
This week on Hull on Estates, join Natalia Angelini and Shawnee Matinnia as they explore Balkinsson v. Sandy, a case where a mother's attempt to reclaim gifted property was thwarted by her own text messages.
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714 - Digital Expressions of Testamentary Intentions: An Ontario Perspective
In this podcast, Jonathan Kappy and Ruth Aruliah discuss the Saskatchewan case of Haines v Kuffner Estate, which explored whether the proposed will was a valid testamentary document despite it not being executed in complete compliance with the formal requirements of The Wills Act and whether the...
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713 - Impact of Probate
This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the possible legal and practical impact of probate, once granted, and the recent decision of Cooke Family Trust et al. v. Dioguardi et al., 2025 ONSC 370.
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712 - Hotner et al v. Norman - Financial Exploitation of Vulnerable Individuals
In this podcast, Doreen So and Mark Lahn discuss the case of Hotner et al v. Norman, which involves a daughter who depleted her elderly mother's estate while acting as her caregiver. Doreen and Mark examine the case and discuss the intersection of family caregiving, fiduciary duties, and the...
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711: Jackson v. Rosenberg - Severing a Joint Tenancy During the Transferor's Lifetime
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the recent Ontario Court of Appeal decision of Jackson v. Rosenberg, 2025 ONCA 48, which deals with joint tenancy, the presumption of resulting trust, and the implications of severing a joint tenancy during the transferor's...
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710: Tessaro v. Gora – The Ultimate Limitation Period in Negligence Claims
In this podcast, Natalia Angelini and Grey Wen discuss the case Tessaro v. Gora and the ultimate limitation period of 15 years which applies to negligence claims against will draft from the date of the act or omission, the negligent drafting – not from the date of death.
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709 - Johnston v. McLean – Consent Judgments as a "Species" of Contract
This week on Hull on Estates, Jonathon Kappy and Boris Eng discuss the intricacies of consent judgments and their interpretation through the lens of a pivotal Ontario Court of Appeal case. Discover how contractual principles shape legal outcomes and ensure clarity in court-approved agreements.
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708: Preparing for LSO's New Client Contingency Planning Requirement
This week on of Hull on Estates, Nick Esterbauer and Mandana Niknejad discuss the Law Society of Ontario's new requirement, effective January 1, 2025, for all lawyers in private practice to implement a client contingency plan. Nick and Mandana discuss what this means, explore approaches to...
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707 - Navigating Client Capacity Concerns: Insights from the LSO
In today's podcast, Sydney Osmar and Sumit Malhotra discuss client capacity concerns and review the recent helpful guide released by the Law Society of Ontario.
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706 – Gomes v. Da Silva - How Limitations Statutes are Being Considered in Ontario
This week on Hull on Estates, Doreen So and Doug Higgins further discuss the decision of Gomes v. Da Silva, 2024 ONCA 792 as part of our recent series of discussions regarding the confluence of different statutory limitations periods, and how limitations statutes are being considered in Ontario....
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705 – Gomes v. Da Silva, 10-year Limitation Period Under s. 4 of the Real Property Limitations Act
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the decision of Gomes v. Da Silva, 2024 ONCA 792, a case that concerns the 10-year limitation period under s. 4 of the Real Property Limitations Act. Gomes v. Da Silva, 2024 ONCA 792 (CanLII), https://canlii.ca/t/k7jkb
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704 – Will Challenges: The Differing Legal Landscapes Between B.C. and Ontario
In today's podcast Sydney Osmar and James Macfarlane discuss a recent decision out of the BC Supreme Court, Lam v Law Estate, where the court utilized its discretion under s. 60 of the Wills Estates and Succession Act to vary a gender-biased Will. Sydney and James use the decision as a…
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703 – The Evolving Context Behind Applicable Limitation Periods
This Week on Hull on Estates, Jonathon Kappy and Darien Murray follow up on the conversation started by Natalia Angelini and Diana McBey in Episode 701 where they discussed the Ontario Court of Appeal's decision in Ingram v Kulynych Estate. Jonathon and Darien examine the evolution of the law...
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ABOUT THIS SHOW
Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull & Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
HOSTED BY
The Lawyers of Hull and Hull LLP
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Frequently Asked Questions
How many episodes does Hull on Estates have?
Hull on Estates currently has 753 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Hull on Estates about?
Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull & Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
How often does Hull on Estates release new episodes?
Hull on Estates releases new episodes frequently with a large back catalog of 753 episodes. Check the episode list for recent publication dates.
Where can I listen to Hull on Estates?
You can listen to Hull on Estates on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Hull on Estates?
Hull on Estates is created and hosted by The Lawyers of Hull and Hull LLP.
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