749 - Screening for Safety in Mediation: Guidance from the HELP-M Toolkit
Hull on Estates
This week on Hull on Estates, Nick Esterbauer and Mark Debono discuss the : Identifying and Responding to Family Violence and Power Imbalances in Mediative Approaches, some of its principles, and its application to mediation in estate litigation context. For more information, please refer to the Hull & Hull LLP on this topic.
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748 - Will Challenges Beyond the Two-Year Limitation Period? Insights from Roberts v. Cowie
Hull on Estates
In this episode of Hull on Estates, Stuart Clark and Mandana Niknejad discuss the Ontario Superior Court's decision in Roberts v. Cowie and the evolving law surrounding limitation periods in will challenges. The discussion explores the distinction between probate proceedings and civil claims, the concepts of declaratory and consequential relief, and how Roberts v. Cowie may create a narrow pathway for certain will challenges to proceed beyond the two-year limitation period while considering the impact of earlier decisions such as Leibel v. Leibel and Wall v. Shaw. Citations for Cases...
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747 - Trading the Axe for a Scalpel: The Court of Appeal Overrules Handley Estate in 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City)
Hull on Estates
This week on Hull and Estates, Doreen So and Li-Mei Mayer discuss the recent court of appeal decision 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, which overhauled the Handley Estate rule governing the disclosure of partial settlement agreements in multi-party litigation.
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746 - A New Tort, New Claims: The Intersection of Intimate Partner Violence and the SLRA
Hull on Estates
On this week’s episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court’s recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court’s three-part test and highlights the evidentiary and conceptual challenges associated with proving the third element, coercive control. The principal focus is on the decision’s implications for estate litigation, including whether tort claims may be advanced alongside dependant support claims under the Succession Law Reform Act, the types of evidence required, the...
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745 - When Does an Apparent Financial Interest in an Estate Give You Standing?
Hull on Estates
In this episode of Hull on Estates, Jonathon Kappy and Jordan Sarah Head discuss when an apparent financial interest is sufficient to confer standing in estate proceedings, focusing on Will challenges and passings of accounts. They discuss Toronto-Dominion Bank v. Witoszkin, , to consider whether “moral watchdogs” have any standing in estate litigation.
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744 - D.R. v. A.R. - Guardianship of Property and the Consideration of Less Restrictive Alternative
Hull on Estates
In this episode of Hull on Estates, Nick Esterbauer and Osama Saleemi discuss D.R. v. A.R., 2026 ONSC 796, a recent decision of the Ontario Superior Court of Justice addressing guardianship of property under the Substitute Decisions Act, 1992, and when less restrictive options might be more appropriate. Case reference: D.R. v. A.R., 2026 ONSC 796 (CanLII), <>
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743 - The Rule Against Perpetuities and its Application in Ottawa (City) v. ClubLink Corporation ULC
Hull on Estates
In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss the rule against perpetuities as applied in Ottawa (City) v. ClubLink Corporation ULC and . A medieval doctrine and long-standing source of anxiety for lawyers, the rule against perpetuities is brought sharply into focus with these decisions. Stuart and Filbert discuss the complex factual background leading to the litigation, the Court of Appeal’s reasoning in both decisions, and key pitfalls lawyers should be mindful of when drafting agreements that impose interests in, or conditions on, land.
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742 - Intestacy and Modern Families: Lessons from Estate of Sydney Monteith
Hull on Estates
In this episode of Hull on Estates, Doreen So and Yalda Mostafaie discuss Estate of Sydney Monteith, 2023 ONSC 7246, in which the Ontario Superior Court of Justice considered whether a fostered but non‑adopted child could inherit on an intestacy. The episode examines the interaction between the Succession Law Reform Act and the Children’s Law Reform Act, and the Court’s strict statutory approach to defining “child” and “sibling” for intestate succession purposes.
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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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