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A Recent Court of Appeal Decision Underscores a Critical Deadline In Elizabeth Casey Cooke Family Trust v. Dioguardi, 2026 ONCA 85, the Ontario Court of Appeal delivered a decision that every estate beneficiary should be aware of. The case involved a will that contained a drafting error — the lawyer who prepared it failed to include a proper alternative disposition for a portion of the estate. By the time the affected beneficiaries tried to do something about it, it was too l

A Case That Could Change How We Think About Online Reviews In Benchwood Builders, Inc. v. Prescott, 2025 ONCA 171, the Ontario Court of Appeal delivered a decision that has significant implications for anyone who has ever left — or been the target of — a negative online review. The case addresses a fundamental question: when someone posts a critical review of a business online, is that automatically a matter of "public interest" that is protected from defamation claims under

What Is Probate? In Ontario, probate is the process of obtaining a Certificate of Appointment of Estate Trustee from the Superior Court of Justice. This certificate is a court order that officially confirms the executor’s authority to administer the estate. It tells banks, financial institutions, the land registry, and other third parties that the person named in the will has been validated by the court and can legally deal with the deceased’s assets. There are two types of a

Being Named Executor Is a Serious Responsibility When a loved one passes away, the person named as estate trustee (executor) in the will is suddenly responsible for managing everything the deceased left behind. This includes gathering assets, paying debts, filing tax returns, and ultimately distributing the estate to the beneficiaries. It is a role that carries legal obligations, personal liability, and often a surprising amount of complexity. Many executors are family member

One Separation, Two Different Dates When a couple separates in Ontario, one of the first questions that arises is: what is the date of separation? The answer matters enormously. It affects property division, support obligations, tax filing status, and government benefits. But here is something that catches many people off guard — the date of separation for family law purposes and the date of separation for tax purposes are not necessarily the same. Ontario family law and the

Why Good Cases Sometimes Fail Judicial review is one of the most important tools available to individuals who have been on the receiving end of an unreasonable or unfair government decision. But the process is unforgiving of mistakes. Strong cases are lost every year because of procedural errors that could have been avoided. Here are five of the most common pitfalls. 1. Missing the Filing Deadline The single most common reason judicial review applications fail before they eve

When a Government Decision Seems Wrong Government agencies and tribunals in Canada make decisions that touch virtually every area of life — immigration status, disability benefits, professional licensing, housing, employment rights, and more. These bodies are required to follow the law, act fairly, and make reasonable decisions. When they fail to do so, affected individuals have the right to ask a court to review and potentially overturn the decision. Judicial Review vs. Appe

When the Government or a Tribunal Gets It Wrong Government agencies and administrative tribunals make decisions every day that profoundly affect people's lives. A tribunal denies your disability benefits. An immigration officer refuses your application. A licensing body revokes your professional credentials. A municipal committee rejects your land use proposal. When these decision-makers get it wrong, judicial review is the legal mechanism that allows you to ask a court to st

A criminal conviction can have life-altering consequences: imprisonment, a permanent criminal record, loss of employment, and damage to your reputation. But a conviction at trial is not necessarily the final word. If your trial was tainted by legal errors, you may be able to have the conviction overturned on appeal. Where Criminal Appeals Are Heard The route of appeal depends on the court that entered the conviction. Summary conviction appeals from the Ontario Court of Justic

If you are considering an appeal in Ontario, understanding the process can help reduce anxiety and set realistic expectations. The Ontario Court of Appeal is the province's highest court, hearing appeals from the Superior Court of Justice and, in some cases, from administrative tribunals. Here is what you can expect at each stage. Step 1: Filing the Notice of Appeal The appeal process begins with filing a Notice of Appeal at the Court of Appeal, typically within 30 days of th

Losing a court case can be devastating, but it does not always mean the fight is over. If a judge made a legal error, misapplied the law, or reached a decision that is clearly unreasonable, you may have grounds to appeal. Understanding when an appeal is available — and when it is not — is the first step toward deciding how to move forward. What Is an Appeal? An appeal is not a new trial. It is a review of the original court's decision by a higher court. The appellate court ex

Estate planning is something most people know they should do but keep putting off. Whether you need a will, powers of attorney, or help administering a deceased person's estate, choosing the right estate lawyer is an important decision. Here is what to look for when selecting an estate lawyer in Ontario. Why You Need an Estate Lawyer Ontario estate law involves multiple statutes including the Succession Law Reform Act, the Estates Administration Act, the Substitute Decisions

One of the biggest concerns for anyone going through a divorce in Ontario is what will happen to their property. How are assets divided? Will you have to sell the family home? What about pensions and investments? Ontario has a specific legal framework for dividing property on marriage breakdown, and understanding it is crucial to protecting your financial future. Ontario Uses Equalization, Not Equal Division A common misconception is that everything gets split 50/50 in a divo

If someone has wronged you or you are being sued, you may be dealing with civil litigation. Unlike criminal law, where the government prosecutes offences, civil litigation involves disputes between private parties. This guide explains how civil litigation works in Ontario and what to expect if you find yourself involved in a lawsuit. What Is Civil Litigation? Civil litigation is the process of resolving non-criminal disputes through the court system. It covers a wide range of

A power of attorney is one of the most important legal documents you can have, yet many Ontarians do not have one in place. If you become incapacitated due to illness, injury, or cognitive decline, a power of attorney ensures that someone you trust can manage your affairs. Here is what every Ontario resident should understand about powers of attorney. What Is a Power of Attorney? A power of attorney is a legal document that gives another person (called your attorney) the auth

When a relationship ends, one of the first legal questions many people ask is whether they need a lawyer for a separation agreement. The short answer is: you are not legally required to have a lawyer, but getting one is strongly recommended. Here is why, and what you need to know about separation agreements in Ontario. What Is a Separation Agreement? A separation agreement is a legally binding contract between two people who have decided to live apart. It sets out how you wil

Child custody disputes are among the most emotionally charged aspects of family law. If you are a parent in Ontario facing a separation or divorce, understanding how custody works is essential to protecting your relationship with your children. Here are five critical things every Ontario parent should know. 1. Ontario Law Uses the "Best Interests of the Child" Standard The single most important principle in Ontario custody law is the best interests of the child. Under the Chi

Going through a divorce is one of the most stressful experiences anyone can face. If you are considering or beginning the divorce process in Ontario, understanding what lies ahead can help reduce anxiety and empower you to make informed decisions. This guide walks you through what to expect at each stage. Grounds for Divorce in Ontario In Canada, there is only one ground for divorce under the Divorce Act: breakdown of the marriage. This can be established in three ways. The m

McNutt v. Draycott, 2014 ONSC 5363 (Ontario Superior Court of Justice) A Family Divided Over an Elderly Father's Care Peter Draycott was 94 years old. Despite his age and a diagnosis of dementia, he still lived in his own home with two of his four children, Geoffrey and Yolis, who cared for him daily. He dressed himself every morning in a suit jacket, tie, and dress pants — "in case something comes up," he told his care worker. He climbed the stairs to his bedroom about ten t

Wright v. Lallion, 2024 ONSC 4132 (Divisional Court) A $35,000 Order Made Without the Tenants Present Marcus Wright and Giusina D'Ella were tenants who had been paying approximately $1,900 per month in rent since October 2020. In September 2022, their landlord gave notice of a rent increase to $5,000 per month. A dispute erupted over whether the increase was proper, and the tenants stopped paying rent. The landlord filed applications with the Landlord and Tenant Board to term