Hull On Estates

This week on Hull on Estates, David Morgan Smith and Saman Jaffery discuss a recent decision by the Ontario Court of Appeal in . Specifically, they discuss the methods for severing a joint tenancy and what constitutes a 'course of dealing' sufficient to sever a joint tenancy in property.  If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our . 

This week on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss Solicitor-Client Privilege. They touch on the importance of lawyers' notes relating to Estate Litigation, and reference the recent Nortel Fraud Trial, which can be found .   If you have any questions, please email us at or leave a comment on our blog.

This week on Hull on Estates, Paul Trudelle and Moira Visoiu discuss a recent paper from the Six Minute Estate Lawyer put on by the Law Society of Upper Canada on April 24, 2012. More specifically, they discuss the Common Law Rule in Saunders v. Vautier.  If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our . 

This week on Hull on Estates, David Smith and Holly LeValliant discuss case law and a recent paper written by Suzana Popovic Montag and Stuart Clark on interim relief claims. 

This week, Saman Jaffery and David Morgan Smith discuss the recent Supreme Court decision in the Fundy Settlement v. Canada case with respect to a residency of trust. Additional information about the case can be found .  If you have any questions, please send us an email at hull.lawyers@gmail.com or leave a comment on our .  

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss whether estates can pursue charter claims. Specifically, they discuss Grant v. Winnipeg Regional Health Authority. 

This week, Natalia Angelini and Moira Visoiu discuss changes in the Alberta Wills and Succession Act. 

This week on Hull on Estates, David Morgan Smith and Holly LeValliant discuss Joint Tenancies. More specifically, they deal with real properties and the severance of joint tenancies. David and Holly also make reference to an article written by Jordan Atin called "Severance of Joint Tenancies." 

This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss will challenges and the validity of Holograph Wills according to The Formal Requirements of the Succession Law Reform Act. Specifically they discuss  as well as determining Testamentary Capacity.

This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss DNA and parental obligations.  For more information, please visit . 

This week on Hull on Estates, David Smith and Moira Visoiu discuss the challenge of detecting undue influence. They define the term, discuss a change to section 52 of the Wills, Estates and Succession Act in British Columbia, and reference an illustrative case of Vout v. Hay. If you have any questions, then please email hull.lawyers@gmail.com or leave a comment on our blog. 

This week on Hull on Estates, Natalia Angelini and Saman Jaffery talk about a paper by The Honourable Mr. Justice Joseph W. Quinn. The paper, A Judge's View: Things Lawyers Do to Annoy Judges; Things They Do to Impress Judges, discusses things like correctly estimating the time of a trial or long motion, understanding the geography of the courtroom, and using consistent terminology throughout an order. The paper can be accessed . If you have any comments or questions, then please send us an email at or leave use a comment on our blog.

This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss what is required to prove a common law relationship. The courts take a liberal approach to determining whether a relationship is common law.  The general factors used to assess the relationship are shelter, sexual and personal behavior, services, social, societal, support and children. Paul and Holly reference two cases in the podcast: Molodowich v. Penttinen and .   Please send us an email at or visit our if you have any questions or comments.

This week on Hull on Estates, David Smith discusses the issue of disclaimer. Specifically, David references a case that illustrates the kinds of difficulties that may arise when siblings try to alter the state of affairs established by a parent who has since become incapable.   If you have any questions, then please leave us a comment. You can email us at or visit our blog. 

This week on Hull on Estates Natalia Angelini and Moira Visoiu discuss two recent decisions from the Ontario Superior Courts of Justice. Although not estates cases, and include elements that are important for estates planning solicitors. If you have any questions, then please send us an email at or leave us a comment on our blog. 

This week on Hull on Estates David Smith and Holly LeValliant discuss creative claims that can be asserted against real property in the estates context. Specifically, they discuss the role for creative counsel to play in developing an argument to assist individuals who are not on the title of a property, but who still have a claim in equity to the property.  Please send us an email at  if you have any questions. You can also leave us a comment on our .

This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss representing individuals with mental illness. More specifically, they refer to an article in and reinforce the importance of overcoming personal prejudices, maintaining confidentiality and respecting a client’s instructions. Please send us an email at if you have any questions. You can also leave us a comment on our .

This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss a decision out of the Ontario Superior Court of Justice that deals with designation of beneficiaries under RRSPs and policies of insurance.  The case, , illustrates how the court determines whether a designation of beneficiaries applies in specific circumstances.  If you have any comments, send us and email at  or leave a comment on our blog.

This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss Charitable Giving and Estate Planning. If you have any questions or comments, please send us an email at or visit our blog at

This week on Hull on Estates, David Smith and Holly LeValliant discuss the Summary Judgment Rule decision.  More specifically, they discuss the significance of the decision and whether it will expand the use of summary judgment. If you have any comments or questions, please visit our blog or send us an email at .