722 - CPC Networks Corp. v McDougall Gauley LLP, Lawyer File Ownership and Production Obligations
Release Date: 07/16/2025
741 - Hernandez v Hernandez, 2026 ONSC 1136, Proportionality and Costs in Estate Disputes
Hull on Estates
This week on Hull on Estates, Natalia Angelini and Sofie Hector discuss Hernandez v. Hernandez, 2026 ONSC 1136, where the Ontario Superior Court of Justice awarded costs against a party who was successful on the legal issue before the Court, emphasizing that relative success does not shield a litigant from adverse cost consequences where their conduct undermines proportionality and the efficient administration of an Estate.
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740 - Passings of Accounts as a Strategic Tool Beyond Retrospective Approval
Hull on Estates
This week on Hull on Estates, Jonathan Kappy and Osama Saleemi discuss the passing of accounts in estate, trust, and fiduciary matters, with a particular focus on how the process can be used creatively beyond its traditional retrospective function. The episode examines the limits of passing accounts, the court’s role in reviewing fiduciary conduct, and how trustees and other fiduciaries may use the process to obtain practical assurance for proposed interim distributions, while remaining mindful of the boundaries of judicial discretion.
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739 - Capacity, Autonomy, and the Termination of Guardianship - Lessons from Zheng v Zheng
Hull on Estates
This week on Hull on Estates, Nick Esterbauer and Li‑Mei Mayer discuss key considerations in guardianship matters, including the presumption of capacity, professional responsibilities when capacity is in issue, individual autonomy, and the termination of guardianship. These concepts are examined in context through the decision in .
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738 - The Power to Validate Electronic Wills: s. 21.1 of the Succession Law Reform Act after Gebremariam v. Menghesha
Hull on Estates
This week on Hull on Estates, Stuart Clark and Mark Debono discuss , where the Court exercised its power under section 21.1 of theSuccession Law Reform Act to validate a testamentary document that was electronically written, unsigned, and unwitnessed, in light of the section’s apparent prohibition of electronic Wills.
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737 - The Final Policy Report: Proposed Changes to the Rules of Civil Procedure and their Impact on Estates Proceedings
Hull on Estates
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss the Civil Rules Review Committee’s Final Policy Report on the proposed changes to the Rules of Civil Procedure, focusing on their impact on estates proceedings and comparing the current model with the proposed framework, while sharing their hopes and concerns for the road ahead.
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736 - Proving Parentage: The Role of DNA Testing in Intestacy Disputes
Hull on Estates
In this episode of Hull on Estates, Natalia Angelini and Jordan Sarah Head examine parentage disputes over intestate estates under the Succession Law Reform Act. They discuss how competing definitions of who qualifies as a “child” often lead to litigation, how DNA testing can streamline resolution, and how procedural, evidentiary, and familial considerations frequently complicate these proceedings.
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735 - AI, Fake Authorities, and Process Integrity: The Ko v. Li Lesson
Hull on Estates
In this episode Jordyn Sanford and Jonathon Kappy follow the escalation of a show-cause hearing in Ko v. Li arising from AI‑generated “authorities” embedded in a factum. We discuss the initial show‑cause order and the Court’s emphasis on counsel’s duties to verify citations, supervise staff, and use technology responsibly. We then cover the initial purging of contempt and the significance of the Rule 4.06.1(2.1) certification requirement for authenticating authorities in facta. Finally, we discuss the escalation to a criminal‑contempt show‑cause following a later...
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733 - The Capacity to Divorce - Calvert v. Calvert
Hull on Estates
This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case of Calvert (litigation guardian of) v. Calvert, 1997 CanLII 12096 (ON SC), where Mrs. Calvert’s ability to separate from and divorce her husband was fiercely contested due to her Alzheimer’s diagnosis. Doreen and Geoffrey explore the legal capacity for separation, divorce, and instructing counsel through the voices of the family, lawyers, and medical...
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732 – Mayer v. Rubin – How the Appointment of Estate Trustees During Litigation is Evolving in Ontario
Hull on Estates
This week on Hull on Estates, Stuart Clark and Mark Debono discuss Mayer v. Rubin, 2017 ONSC 3498 where the Court exercised its inherent jurisdiction to appoint an Estate Trustee During Litigation, which is distinct from the conventional statutory authority relied upon to appoint an Estate Trustee During Litigation.
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731 - Support, Evidence and Testamentary Autonomy: Inside Watson v Lopes
Hull on Estates
This week on Hull on Estates, Natalia Angelini and Darien Murray discuss the decision of Watson v Lopes, 2025 ONSC 5934, where the Ontario Superior Court awarded a common-law spouse a lump-sum amount in dependant’s support based on the deceased’s moral obligation, despite being unable to conclude he could not support himself.
info_outlineThis 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 clarification of key legal principles, including:
- The distinction between documents prepared for the client’s benefit and those created solely for internal firm use;
- The burden on lawyers to identify and justify withheld materials;
- And the recognition that document ownership does not necessarily determine production obligations in discovery.
CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90 (CanLII), <https://canlii.ca/t/jzkvw>.