Estate Litigation

How Much Will My Claim Cost?

Probably the most common criticism of lawyers is that we simply cost too much. So, when a prospective client is contemplating suing someone, or where they have just been sued, I'm always asked with a lot of hesitation - how...

By Ryan Bodnar lawyer at Merovitz Potechin LLP on Monday June 9, 2025

Gifts Made During a Parent’s Lifetime – Why Proper Documentation is Essential for Legal Clarity and Family Harmony

In Ontario, inter vivos gifts—gifts made by a parent during their lifetime—are often made with love and good intentions. However, without proper legal documentation, these lifetime gifts can lead to serious estate disputes, misunderstandings, and costly litigation after a parent’s...

By Ines Jelic lawyer at Merovitz Potechin LLP on Monday May 5, 2025

Bradshaw v. Hougassian et al.: Understanding Resulting Trusts and the Requirements of Section 13 of the Evidence Act in Estate Disputes

Introduction: Understanding Beneficial Ownership in Estate Disputes Property disputes, particularly within families, often bring forth the tension between beneficial ownership and legal ownership. Beneficial ownership arises when someone has a financial or equitable interest in a property despite not holding...

By Yasmin M. Vinograd lawyer at Merovitz Potechin LLP on Thursday January 2, 2025

Gratuitous Gifts – Was It a Gift? – Part 2 of 2

In my previous post I wrote about gratuitous gifts and how the Pecore principle has been expanded by the Courts to include transfer between unrelated parties. Today's post will delve deeper into the intricacies of a recent decision from the...

By Merovitz Potechin lawyer at Merovitz Potechin LLP on Friday May 3, 2024

Gratuitous Gifts – Application of Pecore Principle Beyond Family Ties – Part 1 of 2

The legal landscape is often complex, with principles that seem specific in scope. However, sometimes these principles have far-reaching implications that extend beyond their initial context. One such example is a well-established principle from the Supreme Court of Canada’s 2007...

By Merovitz Potechin lawyer at Merovitz Potechin LLP on Tuesday April 16, 2024

The Annotated Guardianship Application 2024

In the earlier stages of my career as an estate litigator, the annotated guardianship application program, offered by the Law Society of Ontario, was one of the programs I found most useful to my practice. It contained precedents which covered...

By Yasmin M. Vinograd lawyer at Merovitz Potechin LLP on Wednesday March 13, 2024