Cases
Representative Work: Acted for individuals, corporations, trust companies, charitable foundations
bonding companies in a wide variety of estates, trusts, insurance, commercial
family matters in the lower courts
on appeal.
Acted for trust company in responding to
refuting allegation of breach of duty in context of contested request for interim distribution where Estate a party to multiple pieces of litigation: Kearns v. Kearns et al, April (2017), Court File No. 05-111/15 (ONSJ)
Successfully acted for ultimate beneficiary in having terms of Will trusts interpreted to find there was ascertainable st
ard for encroachment power
duty of even h
could be applied, so that trusts' capital not deemed part of estate of initial U.S. beneficiary for U.S. tax purposes: Goodall v. Schwobel (2014), ONSC 3993.
Acted for estate trustee in having foreign heirs of deceased identified
Will interpreted as regards devolution on partial intestacy to such heirs: Kapousouzian Estate v. Spiak (2014), ONSC 2355.
Appeal of decision enforcing settlement
declining to award pre-judgment interest
successful in reversing latter award: Dick v. McKinnon (2014), ONCA 784.
Acted for trust company, as proposed co-guardian, regarding approval of Management Plan with limitations of liability
ability of each co-guardian to engage independent counsel
obtain full indemnity for legal fees
increased care
management fee: Abrams v. Abrams et al (August 2011), Court File No. 03-003/08 (OSCJ).
Acted for Office of The Children's Lawyer in rectifying a $22-million testamentary trust, thereby preserving its benefit
ensuring that $17 million in gifts, which would otherwise have failed, did not fall into residue. Re Estate of John Johannes Jacobus Kaptyn (August 6, 2010), Court File No. 05-40/07 (OSCJ).
Acted for executrix to establish right of adopted child to inherit from next-of-kin of adoptive parent
first case on this issue: Kinneberg, as Executor of Estate of Evans v. Bradfield
the PGT, as Estate Trustee of the Estate of Rich (April 2010), Court File No. 01-0046/07 (OSCJ).
Acted for applicant in obtaining order for assessment of capacity in guardianship proceedings under Substitute Decisions Act: Kischer v. Kischer et al (January 2009), Court File No. 03-96/08 (OSCJ).
Acted for hospital foundation in seeking removal of executor over conduct of estate administration: St. Joseph's Health Care Centre v. Dzwiekowski (2007), CarswellOnt 7642
OJ No. 2619 (SCJ).
Acted for trust company, as estate trustee, on application for opinion, advice
direction concerning placement
effect of residue clause
, first case establishing right of trustee to equitable set-off of debts owed to one estate from interest of a beneficiary in another: Re Pressman Estate, [2005] OTC 536 (SCJ).
Acted for beneficiaries of a trust to remove the trustee,
defend cross-claims for rectification to add him as a beneficiary or to set aside the trust: Rose v. Rose (2006), 24 ETR 217
81 OR (3d) 349 (SCJ).
Acted for school board in having Cy-pres doctrine applied to obtain benefit of educational trust fund for students of amalgamated board: Abercrombie Estate v. Etobicoke Board of Education (2004) 6 ETR (3d) 1 (OSCJ).
Acted for the applicants/appellants in obtaining dependant's relief increasing the benefit to be received by adult child with a serious deteriorative illness,
in which the SCC's decision in Tataryn was first applied in Ontario: Cummings v. Cummings (2003), 5 ETR (3d) 81 (SCJ)
(2004), 69 OR (3d) 398 (CA)
leave to SCC denied.
Acted for administrator of the pension plan as regards competing designations between first
second spouses
entitlement to survivor benefits: Teamsters & Participating Employers of Ontario Pension Plan v. Hay (2003), 65 OR (3d) 744
43 RFL (5th) 25
3 ETR (3d) 38 (SCJ).
Acted for widower at trial in having claim of executors/children of deceased spouse to set aside RRSP beneficiary designation dismissed,
obtain costs: Bliss Estate v. Bliss (October 2002), Court File No. 99-CU-78680
, on appeal of costs award: (2004) CarswellOnt 3888 [2004] OJ No. 3921 (CA).
Acted for charities in establishing that signs or symbols were effective to create testamentary disposition in favour of the charities,
so avoid an intestacy: Urquhart Estate v. Urquhart (2000), 182 DLR (4th) 249 (OCGD)
Acted for guardian of property, to ensure that incapable person's right to have his solicitors' accounts assessed was protected: Neinstein & Associates v. The Bank of Nova Scotia Trust Company (October 2000), Docket C33741 (Ont. CA).
Acted as co-counsel for the respondent trustee in the lower Court,
Divisional Court on appeal, to set aside Order that broke a trust
have assets returned to an estate
case established that beneficiaries have right to notice of proceedings affecting their financial interests where testatrix was incapable
could not have changed her Will: Weinstein v. Weinstein (Litigation Guardian of) (1997), 35 OR (3d) 229 (OCGD).
