FACTS The applicant, Jack Shapiro, was the spouse of the late Carol-Sue Shapiro, who passed away in June 2020. The estate was substantial, valued at approximately $7 million, largely composed of an inheritance that Carol-Sue had received from her parents. This...
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Developments in Inter Vivos Gifts and Joint Ownership: Recent Case Law and Emerging Trends
Recent years have seen a notable increase in disputes involving inter vivos gifts and joint assets, with courts grappling with complex questions about donor’s intention, the adequacy of documentation, and the observance of fiduciary obligations, especially where joint...
Ontario Bans Notice of Security Interests (NOSIs) on Consumer Goods
As of June 2024, Ontario homeowners gained stronger protection against predatory liens and misleading financing registrations. This was achieved through the enactment of the Homeowner Protection Act, 2024, the province amended the Personal Property Security Act (PPSA)...
Selling Ontario Property as a Non-Resident: What You Need to Know (Especially Without a Clearance Certificate)
In Ontario when a non-resident sells real estate there are important tax and legal obligations that both the seller and buyer (and their legal advisors) need to adhere to. One of the most critical parts of this process is Section 116 of the Income Tax Act, which...
Closing Day Mistakes to Avoid – A Comprehensive Checklist
Closing day is one of the most critical moments in any real estate transaction. After weeks or even months of negotiation, preparation, and paperwork, everything culminates in this single day. A successful closing depends on thorough preparation by all parties...
Understanding Ontario’s Inheritance Laws: Why a Will Matters More Than You Think
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...
Power of Sale in Ontario: What Homeowners and Lenders Need to Know
In Ontario, the power of sale is a widely used legal avenue that allows lenders to sell a mortgaged property when a borrower defaults—without having to go through the justice system. This out-of-court process is ruled primarily by the Mortgages Act and provides a...
Drumonde v. Spellay Case Summary and Review
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,...
Green v. Gardeazabal Case Summary and Review
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...
Understanding Non-Resident Executors in Ontario: Key Considerations and Challenges
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 chosen executor lives outside of Ontario, Canada, or the Commonwealth. This blog post will explore the requirements, benefits, disadvantages, and rules surrounding non-resident executors in Ontario, and how it may impact the probate process.
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