by cactus | Jul 18, 2025 | Wills & Estates
When someone passes away in Ontario without a will, the distribution of their estate is governed by the Succession Law Reform Act (SLRA). While this law is designed to ensure a fair distribution of assets based on presumed family relationships, it often fails to...
by cactus | Jul 10, 2025 | Articles, Civil Litigation, Finance, Real Estate, Service, Wills & Estates
In Ontario, the power of sale is a commonly used legal remedy that allows lenders to sell a mortgaged property when a borrower defaults—without having to go through the courts. This out-of-court process is governed primarily by the Mortgages Act and provides a...
by cactus | Jun 20, 2025 | Real Estate, Civil Litigation
I. Introduction The Ontario Superior Court of Justice’s decision in Drumonde v. Spellay offers important guidance on the interpretation of testamentary provisions in the context of prolonged estate administration. More than twenty years after their mother’s passing,...
by cactus | Jun 17, 2025 | Articles, Civil Litigation, Real Estate
I. Introduction: In Green et al. v. Gardeazabal, the Ontario Superior Court of Justice examined the legal and equitable limits of co-ownership rights under the Partition Act, R.S.O. 1990. The applicants sought an order compelling the sale of a jointly owned cottage...
by cactus | Apr 28, 2025 | Wills & Estates
Appointing a non-resident executor (also known as an estate trustee) in Ontario can complicate the estate administration process. While Ontario law does not require an estate trustee to be a resident of the province, there are significant issues to consider if the...
