Client results

Lead counsel in a Court of Appeal case that developed the law on s. 58 of the Wills, Estates and Succession Act and the testamentary effect of documents that do not comply with the usual requirements for making a will.

Lead counsel in a complex estate and trust case involving capacity, undue influence, and s. 58 of the Wills, Estates and Succession Act, with success on all issues.

Lead counsel in a four-week trial involving capacity (including delusions) and proprietary estoppel. This decision involved our objection to the defendant’s opening statement. The case was subsequently settled.

Lead counsel in a successful application to amend pleadings before trial, including particularizing our client’s delusion argument related to the deceased’s amendment to a trust.

Lead counsel on a case in which the petitioner attempted to rectify the will of the deceased. We succeeded in upholding the will and codicil to the benefit of our client.

Lead counsel on an application to remove a law firm as counsel on the basis of a conflict of interest. An important authority for addressing circumstances of potential conflicts.

Lead counsel obtaining a costs award for our client after a successful result at trial.

Lead counsel in contested committeeship hearing in which we successfully had a trust company appointed as committee.

Lead counsel in a 10-day trial in which our client succeeded in setting aside a will based on incapacity and lack of knowledge and approval of the deceased, notwithstanding opinions from a doctor and lawyer that the deceased did have capacity.

Lead counsel obtaining a costs award for our client after a successful result at summary trial. Our client received double her cost for a portion of the proceedings from the opposing parties.