The CBC recently reported that Apple demanded that a 72-year-old Victoria widow obtain a court order to retrieve her deceased husband’s password for his Apple ID so she could play games on an iPad. While this request appears outrageous at first sight, one has to understand the legal framework surrounding... read more →
An expectant beneficiary can't remove an individual appointed as estate trustee under a Last Will prior to the death of the testator/testatrix. For full details click on the following link: http://www.advocatedaily.com/expectant-beneficiary-cant-remove-trustees-in-pre-death-dispute.html
Matthias Duensing was interviewed by Law Times on the new EU succession regulations. A copy of the article can be downloaded here EU succession rules.
Matthias Duensing recently published in Lawyers Weekly an article on the amendments to the Real Estate and Business Brokers Act, 2002, aiming to toughen rules of disclosure. The article can be found following this link: lawyersweekly.ca/articles/2499
LAWPRO recently released a video that illustrates what happens if you die without a will. Generally, if you die without a will, you will lose control over what happens when you die. Your estate will incur costs far greater than the cost of making a will. The administration of the... read more →
Recent case law serves as a reminder that allegations of fraud and dishonesty require compelling evidence. Read the full story here.
Did you know November is Make a Will Month? The Ontario Bar Association, of which our firm is a member, has teamed up with the Alzheimer Society and Heart and Stroke Foundation to bring to light the importance of having a will that specifically expresses your wishes. Consider this... You’ve... read more →
Do sellers in Ontario have a legal obligation to disclose information about suicides, murders, or any other matters which might stigmatize a property? The answer is no. While other jurisdictions have implemended legislation to protect potential buyers, Ontario has not and the old common law rule “Buyer Beware” applies. This... read more →
The current Canadian law of spoliation was addressed in McDougall v. Black & Decker Canada Inc., 2008 ABCA 353 CanLII (Alta.C.A.) It was held in Muskoka Fuels v. Hassan Steel Fabricators Limited, 2009 CanLII 63125 (ON SC) that this decision does not alter the principles set down in the leading... read more →
It is very common that somebody who was served with a statement of claim does not file a defence with the court for various reasons. What happens next is usually that the defendant is served with a default judgment. The question is then if the defendant can move to set... read more →