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Tag: Litigation

Tag: Litigation

ESTATE LITIGATION: Challenging a will with the court’s assistance

Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court....

ESTATE LITIGATION: Challenging a will and strategies for all those concerned

Submission of Rights to the CourtAfter submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either:Request on...

ESTATE LITIGATION: Challenging the validity of a Will after probate

Order for Return of Certificate (Probate already obtained)When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will...

ESTATE LITIGATION: Challenging the validity of a Will prior to probate

When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for...

Contract Law: Rescission Anyone?

When a client has an issue with a contract he/she most certainly looks to whether the issues caused any damages.  I would agree that this is...

Magna Intl. Inc. Shareholders Lose Appeal: Proposed Arrangement Satisfied “Fair and Reasonable” Test

The appeal by shareholders, British Columbia Investment Management Corporation and others, from Magna International’s successful application for an order approving a proposed arrangement pursuant to s....

COMMERCIAL LEASING: Fundamental Breach and Exclusion Clauses

The second instalment in our review of the emerging trends in commercial lease jurisprudence is evident in the lawsuit relating to HREIT Holdings 45 Corp. v....

COMMERCIAL LEASING: How the Court Applies Equitable Remedies

There have been some interesting developments in commercial leasing law over the last year, among which can be seen important trends in commercial leasing jurisprudence.Equitable RemediesIt...


At the outset, it is necessary to note that in Ontario there is no discovery in applications. In Ontario discoveries occur in actions; a two-part process, beginning...


If a litigant decides to proceed by way of an action, rather than by an application, it is necessary to serve either a Notice of Action...