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Daniel & Partners LLP News

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Knowledge and Testamentary Capacity

The recent decision of the Ontario Court of Appeal in Quaggiotto v. Quaggiotto has provided a greater explanation of how the courts will treat a testator’s knowledge of the extent of their assets when considering the issue of testamentary capacity.  In order to make

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Part 3: Who’s In Charge of the NPCA?

On Monday, May 13, 2019, Justice Ramsay once again ruled in favour of A Better Niagara in its most recent application with respect to the operations of the Niagara Peninsula Conservation Authority. Today’s application was for a definitive ruling on the number of board

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The Validity of Discretionary Trusts

  The Supreme Court of Canada has recently ruled that a person’s interest in discretionary trust funds cannot be considered an asset for the purposes of determining eligibility to collect means-tested government benefits. Often known as “Henson Trusts”, discretionary trusts can be used to

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An Update on Dual Wills

In a November 2018 blog post, Robert DiLallo of Daniel & Partners LLP presented two recent contrasting Ontario Superior Court decisions regarding the validity of dual wills in the context of an Application for a Certificate of Appointment of Estate Trustee with a Will

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Service via Facebook?

  Courts across Canada have specific rules about how documents relating to litigation must be delivered to, or served, upon parties to the litigation.   The idea is that a legal process should come to the attention of the person/persons who are affected by it. 

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