Jun 11, 2026
Caring for an aging parent, grandparent, or sibling can be emotionally and financially exhausting. For many people, it means rearranging their lives: attending appointments, managing medications, coordinating care, giving up personal time, or even moving in to help.
It is often difficult, deeply personal work, and unfortunately, frequently unpaid.
After a loved one passes away, many caregivers wonder: can I be compensated for everything I did?
The answer is: sometimes. But Ontario courts have made it clear that caregiving compensation is not automatic, and successful claims are often smaller than families expect.
There is currently no statute or regulation that prescribes a formula for calculating caregiving compensation. This issue has been addressed extensively by the courts, however.
Here is what Ontario courts actually look at, and what caregivers should know.
Not All Caregiving Is Treated the Same
Courts are generally more willing to award compensation for care management and decision-making (e.g., as an attorney for personal care) than for hands-on caregiving performed by a family member.
This distinction matters. Many compensation claims fail because they blur the line between informal family caregiving and organized care management.
The Starting Point: Courts Presume Family Care Is Free
Ontario courts begin with a difficult assumption for many caregivers: adult children are generally expected to provide some level of care to aging parents without expecting payment.
As a result, compensation is usually limited to care that goes above and beyond ordinary family support.
What Courts Actually Consider
Ontario courts assess caregiving claims based on reasonableness. In Re Brown (1999), the court identified several key factors, including:
- the need for the services
- the nature of the care provided
- the caregiver’s qualifications for the role
- the value of the services
- how long the care was provided
But, most importantly, courts require evidence.
General statements about “helping every day” are not enough. Courts expect specific, verifiable details about what was done, how often, and over what period of time. This is why keeping detailed logs and records of your caregiving is so important.
Common Reasons Why Caregiving Compensation Claims Fail
The case law reveals several recurring issues that frequently reduce or defeat caregiving claims altogether:
(1) The Court Finds You Would Have Done It Anyway
In Childs v Childs, the court found that even though the daughter provided commendable care for her mom, she would have cared for her mother regardless of the possibility of payment. As such, her claim was reduced from a staggering $133,000 to just $25,000.
Courts look closely at whether the caregiver expected compensation at the time the care was provided, not only after the estate became disputed.
(2) You Lived Rent-Free or Received Other Benefits
Courts may treat free housing, meals, expense payments, or other financial support as compensation already received.
In both Sasso v Sasso and Ventura v Ventura, the court held that living rent-free effectively compensated the caregiver.
(3) Care Was Shared
Where siblings, PSWs, or other family members also helped provide care, courts are often reluctant to compensate only one person, especially where others are not seeking payment.
(4) Documentation Is Weak
Poor record-keeping is one of the biggest reasons claims fail.
In Sasso, for example, a claim of nearly $200,000 was rejected largely because the caregiver kept no meaningful records and provided very little evidence about the services performed.
The Most Important Practical Lesson: Keep Records
If there is one clear takeaway from the case law, it is this: Documentation matters.
Courts cannot compensate work they cannot measure, and detailed evidence can make an enormous difference. For example, in Re Daniel Estate, the caregivers did not keep formal timesheets, but they provided detailed affidavits and obtained a professional cost-of-care assessment. That evidence helped support the claim.
Caregivers who may later seek compensation should keep:
- calendars or logs of appointments
- notes of time spent caregiving
- records of care coordination
- emails with healthcare providers
- receipts and supporting documents
If you are currently providing care or believe you may have a claim relating to care already provided, speaking with an estates lawyer early can help you understand your rights and protect your position.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Mar 5, 2026
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.
So far, in my articling term at Casey & Moss LLP, I have been fortunate to attend, observe, and even speak in court. I was understandably nervous at first, but I came to appreciate that pre-court nerves are part of the process, and everyone experiences them in some way or another (or so I’ve been told…).
Setting aside the inevitable nerves, my in-court experiences have taught me practical lessons that extend beyond what is covered in law school lectures. I share a few of them below.
Lesson 1: You Need to Read the Practice Directions. Then Read Them Again.
Before you step into a courtroom, you need to have read and understood the practice directions for that specific court. In fact, before even getting to the court part, you need to ensure that your filed materials comply with the court’s filing requirements.
Thankfully for me, at Casey & Moss LLP, our lawyers are diligent about updating one another on interesting finds in the practice directions and drawing attention to any important changes or new discoveries in the filing requirements.
As an articling student, I’ve witnessed how staying on top of these changes translates into preparation for court: A lawyer who knows the law can make an argument, but a lawyer who knows the law and the practice directions can make sure to have that argument heard.
Lesson 2: If You Raise It, You Better Know Where It Is in Your Evidence
Observing courtroom advocacy taught me that every oral submission must be grounded in the evidence, and that counsel must know precisely where that evidence can be found.
This means knowing:
- The specific document in the evidentiary record that supports each part of your submission;
- The Case Center reference for where it can be located;
- The exact paragraph or page number you intend to direct the judge to; and
- What you are asking the court to take away from that particular passage.
That level of familiarity does not happen by accident. Hours of prep go into it.
But there is also something reassuring about watching experienced counsel field questions from judges in real time. When asked a difficult question, they do not panic. Often, they respectfully pause their submissions to acknowledge the question, clarify what is being asked if needed, and either provide the pinpoint to the answer or ask for a brief opportunity to retrieve it during a break.
As the articling student, this often means you were diligently taking notes of the judge’s questions and flipping through the record, locating the exact document or paragraph, and flagging it for supervising counsel before submissions resume.
To do this effectively, I have found it essential to:
- Read the pleadings and all materials before the court in advance. Reviewing them close enough to the hearing date to remain familiar with the details makes a significant difference in how well you can follow submissions and understand the issues as they unfold.
- Become comfortable not only with the evidence itself, but also with the platform that houses it. In matters before the Superior Court of Justice, that platform is Case Center, the court’s mandatory document-sharing system. Being able to navigate it quickly and confidently is a practical and meaningful way to support counsel during a hearing.
Lesson 3: What To Wear to Court
Courtroom wardrobe logistics are not discussed in law school.
Some attendances require robes. Others, such as case conferences, do not (but read the practice directions to be sure!).
For now, as an articling student, my uniform is usually a black blazer. No one expects me to appear in robes I do not yet have, so at this stage, I am thankfully spared the added stress of wondering whether my robes are at home or at the office, though I understand that day will come soon enough.
But even when robes are not required, the setting remains formal, so suit jackets and blazers are always a good option when in doubt.
Lesson 4: You Can’t Drink Coffee in Court!
One of the most devastating news I found out through experience rather than education was that you cannot drink coffee in court. Nor can you eat anything, or chew gum. But hey, at least you can drink water!
Preparation includes these practical considerations. Eat beforehand. Bring a snack for the break. If you plan to grab lunch nearby, make sure you leave enough time not only for the food to arrive and to eat, but also to debrief with counsel or take care of any last minute tasks during the recess. As a student, and even as counsel, breaks may often be spent researching, finding documents, or tracking down pinpoints, so having food handy is always a good idea.
There are also smaller details that matter, many of which I learned through guidance from helpful court staff:
- Your jacket should not be draped over the back of your chair, or lounging on top of a seat. Keep it on your lap or neatly tucked away behind your chair.
- If you are taking notes, make it clear that you are doing so for legitimate reasons. Recording a court proceeding is not permitted in any shape or format. If you are typing on a phone or tablet, it can easily be misunderstood. It is better to clarify at the outset to court staff, before the hearing commences, that you are taking notes to assist counsel and are authorized to do so, and for no other purpose.
Those are all my list of lessons learned for now!
If you have others that I missed, feel free to send me an email: fseddigh@caseyandmoss.com. I’ll take all the courtroom tips I can get.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Sep 19, 2025
When I was in my third year of law school, 1L and 2L students constantly asked me two things:
- “Do you have an outline I could use?” and…
- “What courses should I take next year?”
The first one was easy (yes, I do). The second one? Much harder. My advice usually depended on which classes I did well in, or which professors I liked, not necessarily which courses would be the most useful later.
Now, I have come to realize how valuable it is to take courses that actually relate to your future practice. There are the obvious ones (like Wills & Estates or Trusts), and the not so obvious.
With a 2L summer and the first weeks of articling behind me, here are the courses that have been most helpful for my work in estate litigation so far:
1. Civil Procedure
This is where you learn the nuts and bolts of litigation: the differences between a motion and an application, counting days for court deadlines, different avenues to get a case dismissed, all that jazz. This course is most likely mandatory for all law students, but this is just an extra reminder to really pay attention to the content if you want to pursue litigation.
Taking this course is not a guarantee that you’ll become a pro at the Rules of Civil Procedure. In fact, one of my favourite professors told me that he’s been reading the same Rules (or similar iterations of it) for decades, and always finds new things in the same old places.
The takeaway here is that procedure can matter just as much as substance for your case, and a basic understanding of procedure can put you miles ahead.
2. Real Estate Law
Estates often consist of real property, and Estate Lit could involve fighting about that property, who owns it, how much of it, who is entitled to which parts, etc. You may deal with disputes regarding cottages, condos, farmland, family homes, and there are distinct legal considerations for each type of real property.
Learning how to read and decipher an Agreement of Purchase and Sale (APS), a parcel register and even a Trust Ledger in law school means one less thing to panic-Google when you end up having to do it in the course of your file. This could come up in a myriad of ways, such as checking a property’s ownership or reviewing accounts.
3. Negotiation
Most estate disputes settle, whether in the regular course of the file or at mediation. A negotiation course helps you understand your own client and the opposing party’s interests versus positions. Through practice, this course may also equip you to think outside of the box and prepare creative offers that actually get results.
Learning to identify your client’s BATNA (best alternative to a negotiated agreement) and separating their “must haves” versus the “nice to have” results will help you guide clients toward decisions that are cost effective, efficient, and satisfactory.
4. Tax Law
I took a tax course, and yes it was difficult, but the gain was worth the pain (at least that’s what I’m telling myself to cope with having to suffer through the General Anti-avoidance Rule…).
But in truth, every estate issue has tax implications: there’s the obvious estate administration tax, but there’s also underlying tax consequences to each piece of advice you give clients on their estate problems.
Even a basic understanding of tax law can improve client service as it enables us to spot which tax issues are purely within our expertise, and which require tax lawyers or accountants.
No Singular Course Prepares You
No law school course will prepare you for everything. There’s no class on gathering facts and filling in gaps of information, or parsing through hundreds of pages of medical records just hoping you’ll find something relevant to your argument, but the ones mentioned gave me a solid foundation to try my best at work.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Sep 12, 2024
When I first told friends, family, and even my hairdresser that I’d be spending my summer working in the field of Estate Litigation, the response was often a puzzled, “Why Estates?” In fact, some even threw in the casual “Have you considered corporate? They make so much money.”
My usual response was that I’m quite confident about my decision.
I really enjoyed Wills and Estates in law school, I did reasonably well in my Civil Procedure class, and I also had some personal experiences that sparked my interest in Estates Lit. Plus, as an avid fan of reality TV shows centered on family drama, how could I resist?
But, in reality, I was a bit anxious and unsure of what to expect – was it too early to jump into such a niche field of law? Was I really limiting myself, or conversely, was I biting off more than I could chew by working in an area that required such specific expertise?
Now, as the summer work term comes to an end, I’m happy to report that all these minor anxieties were based on misleading perceptions about what the field of Estates Lit was all about. Having spent nearly four months in this work, I am now even more confident in my decision to pursue it as a career.
For all my fellow anxious law students exploring career options, here’s why Estates Litigation is so awesome:
1) It’s a Surprisingly Comprehensive Practice
There’s no denying that Estates Lit requires a specific set of skills and knowledge that can only be acquired through experience in the field. The practice of Estates Lit itself, however, is not nearly as niche as people may think. This summer taught me just how expansive and multifaceted this filed is, as our cases regularly drew on family law, tax law, real estate, and even some corporate/commercial law considerations.
In reading email exchanges on these files, I noticed that estates lawyers rarely handle purely estate issues, and that they must constantly consider how the matter at hand could impact other non-estates aspects of a client’s life. To really excel in Estates Lit, you will likely need to be familiar with (or at least have a well-established network of professionals in) various areas of law.
2) Quick Thinking and Creative Problem-Solving
What truly captivated me about Estate Litigation was the creativity and nuance required in its practice.
As I sat in on mediations, hearings, and even client calls, I watched and listened to lawyers think on their feet, sifting through a range of reasonable alternatives to find the best solution. Nine times out of ten, the lawyers had to manage delivering accurate legal advice under tight time constraints, all while navigating the emotionally charged atmosphere that often accompanies estates disputes.
At first, it was daunting to witness how effortlessly they managed these challenges, but as the summer progressed, I began to understand the skill and dedication that underpinned their success, discussed in point 3 below.
3) A Commitment to Growth and Learning
One of the most valuable lessons I learned this summer is that Estate Litigation is anything but
stagnant, and the skills required to excel in it are ever-evolving. The lawyers at our firm routinely committed to advancing their knowledge and skills, some by attending Ontario Bar Association seminars, others by engaging in lively LinkedIn discussions about the latest developments in the law, and many by continuing their education via specialized courses and certifications that enhanced their Estates Lit expertise.
This commitment to continual learning showed me that even the most experienced associates and partners in the field of estates remain students of the law—a key trait of the truly great practitioners.
4) Making a Real Impact
Before this summer, I hadn’t fully grasped the profound impact that Estate Litigation can have on clients. Yes, all litigation can be costly and stressful, but Estate Litigation carries the added weight of emotional histories, close relationships, and family dynamics.
The disputes often revolve around items of significant sentimental value or deeply personal matters, making the stakes feel incredibly high. It was here that I saw the true power of this field: the ability to help clients navigate some of the challenging and emotionally fraught moments of their lives. The satisfaction of knowing that our work could bring resolution and peace of mind to these individuals was incredibly rewarding.
5) The People are Great!
When interviewing for this position, I was told that the Estates bar is known for being very friendly, and my summer experience truly was a true reflection of this statement. I recognize that what made my work so enjoyable wasn’t just the nature of the legal issues or the files, but rather the people I worked with and learned from.
No field of law exists in a vacuum – if you take a course in Tax Law, knowing you hate all things tax, but happen to be taught that course by a stellar professor, you may find yourself considering a career in tax. This may have been what happened in my case. I got to learn about Estates Lit from a team of colleagues who cared about mentorship and collegiality, which is how I found myself excited to come into work every day.
For all of these reasons, I absolutely cannot to return next summer to complete my articles at a great firm, in a great field of law.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jul 2, 2024
The Denial
I still remember the day my mom got diagnosed with cancer. It was a beautiful summer morning, the sun was out and shining, but there was nothing joyful about the day ahead. As I watched the doctor give my mom the news, I began thinking a million different thoughts, but as you can imagine, not one of them was related to what would happen to my mom’s assets if she were to die.
The doctor walked my mom through the treatment options, but she also quickly glossed through (what I found to be) an unusual item on her agenda: asking whether my mom had a will. I recall finding this question incredibly strange, especially coming from a doctor, and my family and I felt rather upset that a will was even being brought up.
In hindsight, I recognize that a will was a necessary thing to bring up at the time, especially while my mom was still capable and in better health.
But at that point in my life, I was a young naive undergraduate student with zero knowledge about wills, other than the fact that I always associated them with the one thing I did not wish for my mom: death.
Writing a will, to me, was seen as a confirmation of what’s to come, and we did not want to spend any time planning for her death if we could be spending it with her instead.
So, I put off the topic of thinking about her will for as long as possible. My family did the same. With every moment we had kept denying and waiting, my mom lost more and more of her capacity and the ability to express her wishes or to make a valid will.
The Harsh Reality
Eventually, the day we feared came, and my mom passed away intestate (without a will).
While dealing with this great loss, I was also receiving calls asking for information such as who was overseeing my mom’s estate, whether she had a will, or who were the beneficiaries on her life insurance policies.
Everyone seemed to be asking for a bunch of documents, none of which I nor any member of my family knew how, where or when to obtain.
Finally, we realized that we can’t do this alone and require legal assistance.
Make A Will, even if You’re Not Willing
After talking to a few lawyers, I found out that all this confusion, fear, and anxiety could have been avoided if we were more proactive early on in getting my mom the resources she needed to sort out her affairs and express her wishes through a will.
Without her will, we were left in the dark about how to deal with or even access some of her assets and liabilities, and ultimately, we had no choice but to look into applying for probate (or a “Certificate of Appointment of Estate Trustee Without a Will”).
The main takeaway here is that there is a significant stigma around wills and estate planning, often seen as a morbid task rather than a responsible and caring act.
Overcoming this stigma is essential for ensuring that one’s wishes are honoured and that family members and friends are spared any unnecessary distress. Since working to overcome this stigma myself, I now understand that a will is not just something to think about when nearing death; it’s an important tool for planning out your wishes, and ensuring that your loved ones, nearest and dearest, are provided with the clarity and clear instructions that a will provides.
So, take it from an only child who was left dealing with the consequences of a deceased parent’s intestacy for months (and now years) after the loss: encourage your loved ones, or even yourself, to make a will when you are still able to do so, not because you are nearing death, but rather because you are protecting your wishes for when it comes.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
