I was doing some year-end housekeeping of my old Twitter bookmarks, and amongst the video of the kid riding his bike into trash bins to the tune of Phil Collins’ “In the Air Tonight” (a must watch), the video of Kawhi Leonard’s buzzer-beater in 2019, various paintings from @CanadianPaintings, a series of Logan Roy gifs for litigators, and some great quotes (e.g. “A society grows great when old men plant trees whose shade they know they shall never sit in.”), I came across a gem of an idea for factum writing. Caroline Mandell (@cjmandell) tweeted advice on how to write a perfect factum ov ..read more

The Accelerating Access to Justice Act, 2021, amends the Succession Law Reform Act, RSO 1990, c S.26 such that: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2021, c. 4, Sched. 9, s. 5) Court-ordered validity: 21.1 (1) If the Superior Court of Justice is satisfied that a document or writing that was not properly executed or made under this Act sets out the testamentary intentions of a deceased or an intention of a deceased to revoke, alter or revive a will of the deceased, the Court may, on application ..read more

Despite the fervent wishes and efforts of many avid golfers, golfing is apparently not immune to the law or time.  Recently, we happened to come across the Ontario Court of Appeal decision, Ottawa (City) v. ClubLink Corporation ULC, where the Rule Against Perpetuities was central to determining the fate of a golf course.  The Rule Against Perpetuities is a somewhat archaic common law doctrine that has developed a reputation as the bane of many first year law school students. In Ontario, it has been set into legislation through the Perpetuities Act.  Our colleagues have gone into ..read more

Imagine that you have received an email with banking instructions to do a wire transfer. You are distributing funds from an estate. Your assistant has checked, and the email was sent from the sender’s correct email address. The exact same email address that you have been corresponding with for months. You send the money out.  Everything seems like a completely normal transaction, and then the nightmare begins. The emails were hacked. The money went to a bad account. The amount sent may have exceeded your insurance loss limits, or your insurance did not cover cyber losses at all. It may be ..read more

This is our last blog of 2021.  What a year! New president, same prime minister, and watching the crests and troughs of COVID waves. Death, illness, financial and emotional despair all around, with only traces of good news scattered about. We wish you all the best for 2022. If 2021 wasn’t so great for you, we hope you have a better 2022. If you were lucky enough to be able to look back and find some joy, comfort or success in 2021, then we hope that this continues in 2022.  We at Hull and Hull sincerely thank you for reading our blogs and watching our podcasts. It is a privilege to b ..read more

As we come to the end of the year, most people start to make their list of resolutions and goals that they hope to accomplish in the year ahead. One thing we hope you consider adding to your list is making a Will if you don’t already have one. Since death can be unpredictable, we want to remind you of the consequences of not preparing a Will, which essentially amounts to having no control over what happens to your estate after you die.  Distribution of Your Estate When someone dies without a Will, intestacy laws under the Succession Law Reform Act (the “SLRA”) dictate the distribution of ..read more

With ongoing changes being made this year and adjustments taking place due to the continuing COVID-19 pandemic, below are some legal decisions that provided some much needed clarity in these uncertain times: Sherman Estate v. Donovan, 2021 SCC 25 The topic of debate in this decision dealing with sealing orders was balancing the protection of public interest and individual dignity against the open-court principle. Ultimately, the Supreme Court of Canada affirmed the decision of the Court of Appeal to lift the sealing orders. In doing so, the Supreme Court affirmed the open-court principle and s ..read more

In today’s podcast, Doreen So and Tori Joseph discuss the costs decision in Rudin-Brown et al v. Brown, and whether this decision was fair and proportionate in light of the evidence. Should you have any questions, please email us at info@hullandhull.com.   The post Hull on Estates #629 – Rudin-Brown et al v. Brown: Costs Decision appeared first on Hull & Hull LLP ..read more

A recent article from Simplii Financial discusses ways to train our brain to save money. The article explains that our brains are hardwired for instant gratification, and that this instinct is antithetical to saving and otherwise planning for our futures.  One way to overcome the urge to spend now and to get us to save is to use an app that allows us to see what we might look like in the future. Apps like Aging Booth (free) or FaceApp (also free) allow you to “age” photos of yourself. Seeing old versions of ourselves helps us to identify with our future selves and makes it easier for us ..read more

It can be a challenge this year to keep track of all of the upcoming changes to wills and estates legislation, many of which are coming into effect on January 1, 2022. Just yesterday, Suzana Popovic-Montag blogged on yet another update, this one to the Estates Administration Act and new forms relevant to estate administration. As we approach 2022, we take this opportunity to highlight a few of the other changes coming in January that are highly relevant to a wills and estates practice. In addition to the holiday season and New Year ordinarily serving as a reminder to review pre ..read more