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HOW MY WORK IN ESTATES LAW CONVINCED MY PARENTS TO UPDATE THEIR WILLS

Working in Estates law, I have seen countless matters where a person has died without a Will (“intestate”), or their Will was written decades prior to their passing. As such, their Will (or lack thereof) does not accurately reflect their assets upon their death, nor their wishes for the management and distribution of their assets.

ALZHEIMER’S IS THE LIAR

According to the Alzheimer’s Association, “a person with Alzheimer’s may become suspicious of those around them, even accusing others of theft, infidelity or other improper behaviour”. [1]  Yet, in power of attorney disputes, siblings are often unwilling to consider that the parent’s suspicions about their sibling might be unfounded.

A CLIENT’S GUIDE: HOW TO READ YOUR LEGAL INVOICE

Opening a lawyer’s invoice can feel unfamiliar, with new terms, decimal hours, and detailed line items. This guide is designed to walk you through your invoice so you can review it with confidence and clarity.

ESTATES AND LIMITATION PERIODS

For Estates litigators, the date of the Deceased person’s death is perhaps the key piece of information we need to get from a potential client. That date is relevant for many purposes, but the most significant is that it starts a limitation period running. Under section 38(3) of the Trustee Act, most potential claims against a Deceased person become statute barred – in other words, they expire – two years from the date of the death.

A SIMPLE GUIDE TO ESTATES, EXECUTORS, AND PROBATE

When someone you know passes away, there is more to manage than just the impact of their loss. There is a legal process that determines how their finances are handled, debts are paid, and inheritances are distributed. It can feel overwhelming if you’re not familiar with the terminology or steps involved. This guide breaks down the fundamentals of estates in Ontario in way that is easy to understand.

THE PRECARIOUS ROLE OF SECTION 3 COUNSEL: A REVIEW OF GROVES V. GROVES, 2026 ONSC 1206

A recent decision from the Toronto Estates List has brought into focus the challenges of acting as Section 3 counsel. In Groves v. Groves, 2026 ONSC 1206 (“Groves”), the applicants, Lori Groves and Mark Groves, sought guardianship over their father, John Groves (“John”), and an Order allowing them to apprehend John from his residence where he lived with the respondent, Lourdes Palmer.

BOOKING A CIVIL MOTION DATE AT THE SUPERIOR COURT OF JUSTICE – BRAMPTON

Now that many court appearances can be done virtually, lawyers have more flexibility in the files they can take on. In the past, a simple 15-minute scheduling appearance could mean hours of travel, so we had to be cautious about accepting matters in distant jurisdictions.

WHEN A DRAFT WILL IS NOT ENOUGH: SMITH V. BECHTEL

In Smith v. Bechtel, 2026 ONSC 975, the Ontario Superior Court of Justice considered whether an unsigned draft will prepared by a lawyer could be treated as a valid will under s. 21.1 of the Succession Law Reform Act. The case highlights an issue that sometimes arises when someone begins the process of making a will but dies before it is formally signed.

WRIT OF SEIZURE AND SALE: SHOULD YOU FILE THROUGH REGISTRAR OR WRITFILING?

A judgment has been awarded to you, but the money hasn’t arrived, yet. We’ve discussed the option of Garnishment in my previous blog. You probably have also heard of a Writ of Seizure and Sale, but how to start the process?

WHAT LAW SCHOOL DOESN’T TEACH YOU ABOUT GOING TO COURT

In law school, we learn how to read a set of facts, find the legal issues, the applicable legal tests, and apply them to answer some hypothetical question. What we do not learn, at least not in detail, is how to prepare for court in practical ways, aside from knowing the law. This is where the articling experience comes in.

Recent Posts

ANGELA CASEY PRESENTS AT “THE ANNOTATED GUARDIANSHIP APPLICATION” PROGRAM

I am grateful to Jan Goddard and Yasmin Vinograd for inviting me to be a panelist at the Annotated Guardianship Application program on March 6, 2024. They obviously put a lot of thought and care into choosing interesting topics and great speakers. Each time I participate in the program, I end up learning new things from the other speakers and panelists.

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LIFE IS A RIDE

When I first started working with Angela Casey, she had a small, dog-eared poster of a car and a bike on her office wall. Under the picture of the car were the words “this one runs on money and makes you fat” and under the bike was written (you’ve guessed it), “this one runs on fat and saves you money”. A silly saying that stuck in my mind as I observed my co-worker energized and happily commuting by bike…

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YOU’RE AN ESTATE TRUSTEE — WHAT NOW?

You have finally received your issued Certificate of Appointment of Estate Trustee from the court. Now it is time to get your hands dirty and administer the Estate. (While you may have been able to take steps before this time, financial institutions may not recognize your authority until you have a Certificate of Appointment.)

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WE’RE STILL IN IF YOU’RE STILL IN: FURTHER THOUGHTS

Casey & Moss is a remarkable thing: a firm with exceptional lawyers recognized for their expertise, rigor, and mentorship, but also a place where lawyers with young kids, who may have to work from home for a week while also caring for a sick toddler, can genuinely do so without fear or anxiety about how it will affect potential entry into the partnership.

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THE UNIQUE ROLE OF THE LITIGATION GUARDIAN: PART 1

One of the most important but underappreciated roles in the civil justice system is that of the litigation guardian. Under Rule 7.01 of the Rules of Civil Procedure, “[u]nless the court orders or a statute provides otherwise, a proceeding shall be commenced, continued or defended on behalf of a party under disability by a litigation guardian.” But where does the concept of a litigation guardian come from, and what does the role require today?

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WHERE TO FIND US

OFFICE  

20 Adelaide Street East
Suite 1500, Mailbox 50
Toronto, Ontario  M5C 2T6
(east of Yonge Street)

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T. 647.490.1385
F. 647.494.0085

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PLEASE NOTE: Our Firm does not accept retainers via email; and sending an email to our Firm does not constitute a retainer. You will not be considered a client of the Firm unless and until we have agreed to act for you according to our usual procedures for accepting clients which includes a signed written retainer agreement. Do not include any confidential information in your email.

ANGELA CASEY

D: 647.494.5497
acasey@caseyandmoss.com

CARA ZACKS

D: 647.494.0309
czacks@caseyandmoss.com

FELICIA CYRIL

D: 647.494.3990
fcyril@caseyandmoss.com

REBECCA SUGGITT

D: 647.351.9990
rsuggitt@caseyandmoss.com

JENNIFER JIANG

D: 647.368.6173
jjiang@caseyandmoss.com

STACIE CHRYSANTHOPOULOS

D: 647.368.5958
stacie@caseyandmoss.com

ANGELIQUE MOSS

D: 647.494.5447
amoss@caseyandmoss.com

ZARA WONG

D: 647.497.6395
zwong@caseyandmoss.com

MATIAS GUTIERREZ

D: 437.564.2743
mgutierrez@caseyandmoss.com

EMILIA SZCZEPKOWSKI

T: 437.561.5946
eszczepkowski@caseyandmoss.com

SAMANTHA VALVONA

T: 437.561.6694
svalvona@caseyandmoss.com

LAURA CARDIFF

D: 647.494.3975
lcardiff@caseyandmoss.com

ADAM GIANCOLA

D: 647.497.6394
agiancola@caseyandmoss.com

ROSLYN BLACKETTE

T: 647.368.6708
rblackette@caseyandmoss.com 

COLLEEN DOWLING

D: 647.368.6556
cdowling@caseyandmoss.com

HANNAH HENLEY

T: 647.797.0252
hhenley@caseyandmoss.com