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Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull & Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
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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.
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 -
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:
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:
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 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), .
This week on Hull on Estates, Natalia Angelini and Geoffrey Sculthorpe discuss a major change in Quebec’s family law framework, with the introduction of the Parental Union regime, taking effect on June 30, 2025. Blogs referenced:
This week on Hull on Estates, Jonathon Kappy and Doug Higgins discuss the history and application of mutual will agreements – as well as some considerations for individuals and solicitors considering the use of this unique estate planning mechanism.
This week on Hull on Estates, Nick Esterbauer and Darien Murray explore the evolving role of AI tools in the legal industry. They discuss real-world application, risks to consider, and AI’s day-to-day impact in the legal profession. The link to the LSO resource centre on using technology and artificial intelligence is:
This week on Hull on Estates, Boris Eng sits down with Sydney Osmar to explore collaborative law, a new form of alternative dispute resolution making its way into estate law. Discover how this innovative approach can help reduce costs, preserve family relationships, and avoid the adversarial nature of traditional litigation.
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court’s exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the Ontario Court of Appeal decision of Beirat v. Khiyal, 2024 ONCA 790, where the Court examines the issue of standing as it relates to claims being brought on behalf of an estate. See also David M. Smith’s recent blog on the case . Beirat v. Khiyal, 2024 ONCA 790 (CanLII),
This week on Hull on Estates, join Natalia Angelini and Shawnee Matinnia as they explore Balkinsson v. Sandy, a case where a mother's attempt to reclaim gifted property was thwarted by her own text messages.
In this podcast, Jonathan Kappy and Ruth Aruliah discuss the Saskatchewan case of Haines v Kuffner Estate, which explored whether the proposed will was a valid testamentary document despite it not being executed in complete compliance with the formal requirements of The Wills Act and whether the same outcome would occur if this were done in Ontario.
This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the possible legal and practical impact of probate, once granted, and the recent decision of Cooke Family Trust et al. v. Dioguardi et al., 2025 ONSC 370.
In this podcast, Doreen So and Mark Lahn discuss the case of Hotner et al v. Norman, which involves a daughter who depleted her elderly mother's estate while acting as her caregiver. Doreen and Mark examine the case and discuss the intersection of family caregiving, fiduciary duties, and the remedies available where vulnerable individuals experience financial exploitation.
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the recent Ontario Court of Appeal decision of Jackson v. Rosenberg, 2025 ONCA 48, which deals with joint tenancy, the presumption of resulting trust, and the implications of severing a joint tenancy during the transferor’s lifetime. Jackson v. Rosenberg, 2025 ONCA 48 (CanLII),
In this podcast, Natalia Angelini and Grey Wen discuss the case Tessaro v. Gora and the ultimate limitation period of 15 years which applies to negligence claims against will draft from the date of the act or omission, the negligent drafting – not from the date of death.
This week on Hull on Estates, Jonathon Kappy and Boris Eng discuss the intricacies of consent judgments and their interpretation through the lens of a pivotal Ontario Court of Appeal case. Discover how contractual principles shape legal outcomes and ensure clarity in court-approved agreements.
This week on of Hull on Estates, Nick Esterbauer and Mandana Niknejad discuss the Law Society of Ontario’s new requirement, effective January 1, 2025, for all lawyers in private practice to implement a client contingency plan. Nick and Mandana discuss what this means, explore approaches to effectively address the new requirement, and review some of the resources available through the Law Society’s website: .
In today’s podcast, Sydney Osmar and Sumit Malhotra discuss client capacity concerns and review the recent helpful guide released by the Law Society of Ontario.
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