Collaborative Law for Estate Lawyers
In “Collaborative Law for Estate Lawyers”, Kim Gale offers a comprehensive guide for how estate lawyers can implement collaborative law into their practice.
Read MoreLimitation applicable to constructive trust and unjust enrichment claims
Limitation applicable to constructive trust and unjust enrichment claims Introduction The decision in Ingram v. Kulynych Estate (“Ingram”), by the Ontario Court of Appeal (the “ONCA”) addressed whether the ten-year limitation period under Section 4 of the Real Property Limitations Act R.S.O. 1990, c. L.15 (“RPLA”) applies to the respondent, Kathleen Ingram’s, constructive trust and
Read MoreSpotting the Signs: Recognizing and Reporting Elder Abuse
In this presentation, Kim Gale provides an in-depth exploration of elder abuse, focusing on how to recognize the key signs and patterns that may indicate mistreatment. She shares practical examples to help attendees identify potential cases and offers guidance on when and how to report such instances. Additionally, Kim delves into the legal remedies available
Read MoreDate of Death: Determining commencement of the limitation period
In our last article with Law360 Canada, Palak Mahajan and I wrote about the relevance of the recent decision of Ingram v. Kulynych Estate, 2024 ONCA 678, with respect to limitation periods. Limitation periods continue to be an overarching factor that plays one of the most important roles of every file/case that comes through the
Read MoreWho Handles What? Estate Trustees vs. Lawyers in Managing an Estate
In this presentation, Kim Gale breaks down the roles of an estate trustee and a lawyer, offering insights on responsibilities, legal obligations, and best practices in estate administration.
Read MoreSuccession Law Reform Act: Substantial Compliance
Succession Law Reform Act: Substantial Compliance Co-written by: Kim Gale and Kiran Sanghera Imagine being able to prove that a handwritten note in your notebook could be your last will and testament. That is exactly what the newest Ontario concept in estates law, “substantial compliance,” strives to do. While it is a fairly new concept
Read MoreFrom Conflict to Consensus: Why Collaborative Law Works for Estate Disputes
In this presentation, Kim Gale outlines collaborative law and its potential role in estate disputes. She highlights the benefits of this approach, emphasizing its focus on cooperation and relationship preservation.
Read MoreAlberta Court Orders Sale of Lands After 29-Year Estate Dispute
Written by: Madison Neville In a decision rendered nearly 30 years after the death of a woman in 1995, the Court of King’s Bench of Alberta has ordered the sale of her remaining estate lands, bringing closure to the 42 beneficiaries involved. Following the expropriation of most of the woman’s property in 2015, only two lots of
Read MoreThe succession rights of unborn children; Intestacy
Co-written by: Kim Gale and Palak Mahajan Intestate succession in Ontario is governed by a structured and complex process under the Succession Law Reform Act (SLRA). The legislation first provides for the surviving spouse and descendants, and if there are none, it makes provision for other blood relatives of the intestate. Succession Law Reform Act,
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What 2024 Taught Us About Trust and Estates Litigation in Canada
What 2024 Taught Us About Trust and Estates Litigation in Canada Authored by: Kim Gale and Jessica Campolucci As litigation in estates and trusts law continues to evolve, 2024 marked a significant year for Canadian courts. Several appellate decisions pushed the boundaries of existing doctrines while reinforcing core principles that define estate planning, administration and
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