A recent decision of the Ontario Superior Court of Justice may signal a change in estate litigation culture, specifically in how the courts are likely to deal with a will challenge. In the case of Seepa v. Seepa, 2017 ONSC 5368, Justice Myers reviewed the common practice in estate litigation cases involving a will challenge….
Being involved in a car accident can be a frightening experience. In the moments after an accident, adrenaline can take over and you might find that you feel okay while at the scene. However, once the initial shock from the accident wears off, you may find that you are injured or that you are in…
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A recent decision from the Superior Court of Justice of Ontario should serve as a warning to those who may wish to disinherit a family member. In the case of Eissmann v. Kuntz, 2018 ONSC 3650, the Court had to consider a strange set of circumstances arising from multiple testamentary documents left by the deceased…
The civil liability of dog owners in Ontario is governed by the Dog Owners’ Liability Act. Section 2(1) of the Act states that “The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.” The result of this section is the imposition…
When a lawsuit goes to trial, the general rule is that the successful party will have at least some of its costs (legal fees) paid by the unsuccessful party. This can be a significant risk for a Plaintiff who does not have the money to pay. In the last several years, there has been a…
In the recent decision of Wardak v. Froom, the Ontario Superior Court of Justice had the opportunity to review the principles relating to the liability of a social host. The Court began by reviewing the 2006 decision of the Supreme Court of Canada in Childs v. Desormeaux. In the Childs case, the Plaintiff was paralyzed…
When a driver or passenger in a vehicle fails to wear a seat belt, they are clearly taking a risk with their safety. There might also be legal consequences if they are in a car accident and are not wearing their seat belt. The Ontario Court of Appeal has provided us with some guidance on…
