Hull on Estates

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 Succession Law Reform Act and the Children's Law Reform Act, and the Court's strict statutory approach to defining "child" and "sibling" for intestate succession purposes.

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 litigant from adverse cost consequences where their conduct undermines proportionality and the efficient administration of an Estate.

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 accounts, the court's role in reviewing fiduciary conduct, and how trustees and other fiduciaries may use the process to obtain practical assurance for proposed interim distributions, while remaining mindful of the boundaries of judicial discretion.

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 in context through the decision in Ying (Cindy) Zheng v. Long Zheng, 2012 ONSC 3045.

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 light of the section's apparent prohibition of electronic Wills.

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 sharing their hopes and concerns for the road ahead.

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 resolution, and how procedural, evidentiary, and familial considerations frequently complicate these proceedings.

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 use technology responsibly. We then cover the initial purging of contempt and the significance of the Rule 4.06.1(2.1) certification requirement for authenticating authorities in facta. Finally, we discuss the escalation to a criminal‑contempt show‑cause following a later admission of counsel that earlier statements to the Court were untrue.

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 CanLII 12096 (ON SC), where Mrs. Calvert's ability to separate from and divorce her husband was fiercely contested due to her Alzheimer's diagnosis. Doreen and Geoffrey explore the legal capacity for separation, divorce, and instructing counsel through the voices of the family, lawyers, and medical experts in the case. Case reference: 1997 CanLII 12096 (ON SC) | Calvert (litigation guardian of) v. Calvert | CanLII

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 Trustee During Litigation.

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 he could not support himself.

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 have been used — from seeking access to solicitor's files to resolving unexpected procedural or evidentiary roadblocks. A practical and entertaining look at one of the Estates List's most adaptable tools.

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 Toronto. Sponsored by Hull & Hull LLP, the conference is expected to deliver tools and insights for a wide range of professionals, including estates professionals, navigating the evolving landscape of family dispute resolution. For more information and to register for the conference, please visit: https://fdrio.ca/2025-annual-conference/

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. 4 of the Real Property Limitations Act applied so as to stay the application.

In this episode of Hull on Estates, Stuart Clark and Sumit Malhotra discuss disclosure rights of beneficiaries in context of corporations.

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 fundamental principle: executors must satisfy liabilities before distributing assets, even if doing so undermines the testator's intentions.

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) - https://canlii.ca/t/1frs7 Redstone Enterprises Ltd. v. Simple Technology Inc., 2017 ONCA 282 - https://canlii.ca/t/h31t2

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, and highlight the importance of understanding an individual's ability to make reality-based decisions. R. v. Bharwani, 2025 SCC 26: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/21149/index.do

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: https://www.ontariocourts.ca/scj/files/pubs/Civil-Rules-Review-Phase-2-Consultation-Paper.pdf

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 what portions of a lawyer's file belong to the client versus what remains the property of the law firm, and how that distinction impacts disclosure—particularly when former clients request their full legal file or where litigation is ongoing. Stuart and Grey examine the Court's clarification of key legal principles, including: The distinction between documents prepared for the client's benefit and those created solely for internal firm use; The burden on lawyers to identify and justify withheld materials; And the recognition that document ownership does not necessarily determine production obligations in discovery. CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90 (CanLII), .

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: https://www.allaboutestates.ca/quebecs-parental-union-regime-a-new-legal-framework-for-unmarried-parents/ https://www.allaboutestates.ca/love-is-in-the-air-or-is-it-separation/

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.

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 artificial intelligence is: https://lso.ca/lawyers/technology-resource-centre/practice-resources-and-supports/using-technology

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 nature of traditional litigation.

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 absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324 https://canlii.ca/t/kbl06

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 case here. Beirat v. Khiyal, 2024 ONCA 790 (CanLII), https://canlii.ca/t/k7k5x

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.

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 same outcome would occur if this were done in Ontario.

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.

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 remedies available where vulnerable individuals experience financial exploitation.

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 lifetime. Jackson v. Rosenberg, 2025 ONCA 48 (CanLII), https://canlii.ca/t/k90bm

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.

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.

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 effectively address the new requirement, and review some of the resources available through the Law Society's website: https://lso.ca/lawyers/about-your-licence/manage-your-licence/client-contingency-planning.

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.

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. Gomes v. Da Silva, 2024 ONCA 792 https://canlii.ca/t/k7jkb

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

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 springboard to discuss the differing legal frameworks in Ontario and BC regarding Will Challenges.

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 surrounding limitation periods that set the stage for this decision. Source: Ingram v Kulynych Estate, 2024 ONCA 678 https://www.canlii.org/en/on/onca/doc/2024/2024onca678/2024onca678.html

In this episode, Nick and Ruth discuss the practical issues in Guardianship appointments and some of the considerations a family needs to take into account to be successful now and in the future.

In this week's episode, Natalia and Diana discuss Ontario Court of Appeals case Ingram v. Kulynych Estate, 2024 ONCA 678 (CanLII).

This week on Hull on Estates, Doreen So and Sara Racicot discuss Justice Dietrich's decision from the Ontario Superior Court of Justice titled Spisak v. Spisak. The decision offers an in-depth examination of the fiduciary duties owed by an executor to the estate and its beneficiaries, along with the serious consequences that arise from any breach of these responsibilities. Spisak v. Spisak, 2023 ONSC 4726 https://www.canlii.org/en/on/onsc/doc/2023/2023onsc4726/2023onsc4726.html?autocompleteStr=spisak%20v%20&autocompletePos=1&resultId=34661cee8b0740d78ae7bdb434ba4436&searchId=2024-08-27T14:49:23:690/6de73c55b42843dba4421ac23fafa61d

This week on Hull on Estates, Stuart Clark and Geoffrey Sculthorpe discuss the recent decision of Kulyk v. Kulyk, pertaining to how the courts may deal with the unauthorized occupation of an Estate property, and the power the Estate Trustee has to sell Estate properties, including how the Estate Trustee derives their power from the testamentary instrument rather than from probate process. Kulyk v. Kulyk, 2024 ONSC 4213: https://www.canlii.org/en/on/onsc/doc/2024/2024onsc4213/2024onsc4213.html

On this episode of the podcast, Natalia Angelini and Grey Wen discuss the recent decision by the name Drennan v. Drennan. Drennan v. Drennan, 2024 ONSC 3905 (CanLII) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc3905/2024onsc3905.html

This week on Hull on Estates, Jonathon Kappy and Shawnee Matinnia discuss the recent decision of Kacin v Kacin, pertaining to lost Wills, productions, and Estate Trustees during litigation.

This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the benefits of incapacity planning, with a specific focus on Continuing Powers of Attorney for Property and the process and costs involved with Guardianship Applications.

This week on Hull on Estates, Sydney Osmar and Mark Lahn discuss highlights from the Ontario Bar Association's Elder Law Day 2024. Topics include collaborative law in estate litigation, caselaw updates, accommodating elderly clients, and the recent implementation of Bill 200, which impacts the registration of Notices of Security Interest. Referenced Blog: The Homeowner Protection Act, 2024: The Expiration of Notices of Security Interest

This week on Hull on Estates, Doreen So and Margarita Grup review the key developments and modernization initiatives that were outlined in the 2019-2023 report from the Ontario Superior Court of Justice, including future initiatives for further digitalization of our system in an effort to improve access to justice.

This week on Hull on Estates, Stuart Clark and Doug Higgins review the powers and duties of attorneys for property and estate trustees with respect to dependant support obligations. Stuart and Doug discuss the different requirements of various Ontario legislation, including the Substitute Decisions Act, the Family Law Act and the Succession Law Reform Act, and the implications for decision-makers.

This week on Hull on Estates, Natalia Angelini and Aaron Chan discuss a lawyer's responsibility to their clients in estate planning by examining the case of Black-Donaldson et al. v. The Estate of Helen Small, 2024 MBKB 56.