710: Tessaro v. Gora – The Ultimate Limitation Period in Negligence Claims
Release Date: 02/10/2025
725 - The Scope of Relief From Forfeiture
Hull on Estates
This week on Hull on Estates, Jonathon Kappy and Mark Lahn discuss the scope of relief from forfeiture and how this equitable remedy can be applied in the context of estate settlements. Cases discussed: Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., 1994 CanLII 100 (SCC) - Redstone Enterprises Ltd. v. Simple Technology Inc., 2017 ONCA 282 -
info_outline
724 – R. v. Bharwani: The Basics of Mental Capacity and Capacity for Fitness to Stand Trial
Hull on Estates
This week on Hull on Estates, Nick Esterbauer and Margarita Grup explore the nuanced world of mental capacity, discussing key legal principles and a landmark Supreme Court of Canada decision. They break down the nature of mental capacity, examine capacity standards in several different contexts, and highlight the importance of understanding an individual's ability to make reality-based decisions. R. v. Bharwani, 2025 SCC 26:
info_outline
723 - Proposed Reforms to the Ontario Rules of Civil Procedure
Hull on Estates
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss proposed changes to the Ontario Rules of Civil Procedure and their implications for the civil litigation landscape, with a special focus on estate litigation. Consultation Paper referred to in the podcast:
info_outline
722 - CPC Networks Corp. v McDougall Gauley LLP, Lawyer File Ownership and Production Obligations
Hull on Estates
This week on Hull on Estates, Stuart Clark and Grey Tiansheng Wen discuss the Saskatchewan Court of Appeal’s recent decision in CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90, a case with significant implications for lawyer file ownership and production obligations. The decision explores what portions of a lawyer’s file belong to the client versus what remains the property of the law firm, and how that distinction impacts disclosure—particularly when former clients request their full legal file or where litigation is ongoing. Stuart and Grey examine the Court’s...
info_outline
721 - Quebec’s Parental Union Reform
Hull on Estates
This week on Hull on Estates, Natalia Angelini and Geoffrey Sculthorpe discuss a major change in Quebec’s family law framework, with the introduction of the Parental Union regime, taking effect on June 30, 2025. Blogs referenced:
info_outline
720 - The History and Application of Mutual Will Agreements
Hull on Estates
This week on Hull on Estates, Jonathon Kappy and Doug Higgins discuss the history and application of mutual will agreements – as well as some considerations for individuals and solicitors considering the use of this unique estate planning mechanism.
info_outline
719 - The Robe & the Robot: The Use of AI Tools in Legal Practice
Hull on Estates
This week on Hull on Estates, Nick Esterbauer and Darien Murray explore the evolving role of AI tools in the legal industry. They discuss real-world application, risks to consider, and AI’s day-to-day impact in the legal profession. The link to the LSO resource centre on using technology and artificial intelligence is:
info_outline
718 - Exploring Collaborative Law in Estate Practice
Hull on Estates
This week on Hull on Estates, Boris Eng sits down with Sydney Osmar to explore collaborative law, a new form of alternative dispute resolution making its way into estate law. Discover how this innovative approach can help reduce costs, preserve family relationships, and avoid the adversarial nature of traditional litigation.
info_outline
717 – Panchyshyn v. Pietron: When an Estate Trustee Requires a Temporary Leave
Hull on Estates
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court’s exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324
info_outline
716 - Beirat v. Khiyal: An Issue of Standing Re Claims Brought on Behalf of an Estate
Hull on Estates
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the Ontario Court of Appeal decision of Beirat v. Khiyal, 2024 ONCA 790, where the Court examines the issue of standing as it relates to claims being brought on behalf of an estate. See also David M. Smith’s recent blog on the case . Beirat v. Khiyal, 2024 ONCA 790 (CanLII),
info_outlineIn this podcast, Natalia Angelini and Grey Wen discuss the case Tessaro v. Gora and the ultimate limitation period of 15 years which applies to negligence claims against will draft from the date of the act or omission, the negligent drafting – not from the date of death.