September 2023 Roundup

September was a quieter month as I had an unexpected and unplanned trip back home to Toronto. A family member of mine was in the ICU and I was out of the country for nearly two weeks. As such, that meant I was not instructed on as many matters as usual:

  • Attended a mediation for an Inheritance (Provision for Family and Dependants) Act 1975 claim by an adult disabled child. The mediation failed which is the first one I’ve ever had! It is very common for these sorts of claims to settle at mediation but the parties were just too far apart in their positions.
  • Prepared for a 2 day trial over whether a deposit for a property was a loan or a gift. I represent the father and the case includes the presumption of advancement! The day before the trial was to start the Court said there were no judges available so the matter was vacated.
  • Settled a particulars of claim for a declaration that a legal owner held a property on trust for his parents. The son has severed the joint tenancy and the family has fallen out with each other over the dispute.
  • Prepared for another 2 day trial this time in a Inheritance (Provision for Family and Dependants) Act 1975. The parties settled the matter shortly before the trial was to start. I represented the elderly disabled who had been married to the deceased for over 30 years. This was one case I wanted to run to trial but instructions are instructions.

Lake Ontario looking tranquil.

Ash

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