728 - Klemensiewicz v. Klemens et al: Resulting orConstructive Trust & the Real Property Limitations Act
Release Date: 10/29/2025
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 ONCA 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.
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730 - Applications for Directions under Rule 75.06
Hull on Estates
In this episode of Hull on Estates, Jonathon Kappy and Boris Eng dive into the often-overlooked versatility of Applications for Directions under Rule 75.06. After outlining their traditional role in estate litigation, they explore some of the stranger and more creative ways these applications have been used — from seeking access to solicitor’s files to resolving unexpected procedural or evidentiary roadblocks. A practical and entertaining look at one of the Estates List’s most adaptable tools.
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729 - The 11th Annual Family Dispute Resolution Institute of Ontario Conference, November 6, 2025
Hull on Estates
This week on Hull on Estates, Nick Esterbauer and Geoffrey Sculthorpe preview the 11th Annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference, "The FDR Toolbox: Equipping Professionals for a Changing World," set to take place on November 6, 2025, at the Ismaili Centre in Toronto. Sponsored by Hull & Hull LLP, the conference is expected to deliver tools and insights for a wide range of professionals, including estates professionals, navigating the evolving landscape of family dispute resolution. For more information and to register for the conference, please visit: ...
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728 - Klemensiewicz v. Klemens et al: Resulting orConstructive Trust & the Real Property Limitations Act
Hull on Estates
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real property was held on resulting or constructive trust and (2) s. 4 of the Real Property Limitations Act applied so as to stay the application.
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727 - Beneficiaries and Corporate Records: How Far Do Disclosure Rights Extend?
Hull on Estates
In this episode of Hull on Estates, Stuart Clark and Sumit Malhotra discuss disclosure rights of beneficiaries in context of corporations.
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726 - When the Will Says One Thing and the Bills Say Another: The Stewart Estate Decision
Hull on Estates
This week on Hull on Estates, Natalia Angelini and Shawnee Matinnia explore what happens when a testator’s intentions collide with the estate’s liabilities. They discuss the recent Ontario Court of Appeal decision of Stewart Estate v. Stewart, 2025 ONCA 575, where the court confirmed a fundamental principle: executors must satisfy liabilities before distributing assets, even if doing so undermines the testator’s intentions.
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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 -
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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:
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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:
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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_outlineThis week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real property was held on resulting or constructive trust and (2) s. 4 of the Real Property Limitations Act applied so as to stay the application.