Our Blog

What We’re Up To

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

PROACTIVE WAYS TO ASSIST YOUR FAMILY WITH ESTATE MATTERS

Dealing with estates involves more than Wills, probate and distribution. It also includes the emotional challenges families face in coping with loss, especially in sudden deaths.
No one is fully prepared for loss, even if the deceased was ill for an extended time. However, the deceased preparing and providing instructions can certainly assist the family.

read more

WE HAVE SOME EXCITING NEWS: ZARA WONG IS NOW A PARTNER!

Zara is an exceptionally skilled estates litigator. She’s tenacious and never shies away from a challenge. Her talents have been recognized by Best Lawyers of Canada – Ones to Watch, and Post City Lawyers as one of the best estates lawyers in Toronto.

read more

TAKING THE MYSTERY OUT OF CONVERTING OLD COURT FILE NUMBERS

Each time a new matter is commenced with the Superior Court of Justice (“SCJ”), you are provided with a unique court file number. There are two main formats in which the SCJ has issued court file numbers (“CFN”), which in this blog I will refer to as the “old” and “new” formats.

read more

HOW “GETTING INVOLVED” CAN BECOME MUCH MORE THAN A RESUME LINE

The first few months of law school can feel overwhelming. I remember worrying about moving to a new city, establishing friendships, and adapting to a teaching style that was completely different from anything I had experienced before. Adding extracurricular commitments to an already full schedule was the last thing on my mind.

read more

ZIMMERMAN v. McMICHAEL ESTATE: WHY EXECUTORS MUST KEEP GOOD RECORDS

One Ontario case, Zimmerman v. McMichael Estate, shows exactly what can go wrong when executors don’t keep proper records. The court’s message was clear: executors must document everything, or risk personal consequences. The Zimmerman case serves as a cautionary tale for anyone serving as an executor.

read more

WHERE TO FIND US

OFFICE  

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

Map Pin

 

T. 647.490.1385
F. 647.494.0085

Instagram logo Linkedin Logo

 

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