Hull on Estates
Business & Finance
About
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
Episodes
- 742 - Intestacy and Modern Families: Lessons from Estate of Sydney Monteith
Hull on Estates episode 742 examines the Estate of Sydney Monteith case, addressing whether a fostered but non-adopted child can inherit under intestacy laws. The discussion focuses on the Ontario Superior Court of Justice's interpretation…
- 741 - Hernandez v Hernandez, 2026 ONSC 1136, Proportionality and Costs in Estate Disputes
In Hernandez v. Hernandez, 2026 ONSC 1136, the Ontario Superior Court of Justice awarded costs against a party who succeeded on a legal issue. The court emphasized that conduct undermining proportionality and efficient estate administratio…
- 740 - Passings of Accounts as a Strategic Tool Beyond Retrospective Approval
Jonathan Kappy and Osama Saleemi explore the strategic use of passing accounts in estate, trust, and fiduciary matters. The discussion covers the process beyond its traditional retrospective function, the court's role, and how fiduciaries…
- 739 - Capacity, Autonomy, and the Termination of Guardianship - Lessons from Zheng v Zheng
Nick Esterbauer and Li-Mei Mayer explore guardianship issues on Hull on Estates, focusing on the presumption of capacity, professional duties, individual autonomy, and guardianship termination, with reference to the Ying (Cindy) Zheng v. L…
- 738 - The Power to Validate Electronic Wills: s. 21.1 of the Succession Law Reform Act after Gebremariam v. Menghesha
Stuart Clark and Mark Debono of Hull on Estates examine the case of Gebremariam v. Menghesha, focusing on the court's application of section 21.1 of the Succession Law Reform Act to validate an electronic will that was not signed or witnes…
- 737 - The Final Policy Report: Proposed Changes to the Rules of Civil Procedure and their Impact on Estates Proceedings
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss the Civil Rules Review Committee's Final Policy Report on the proposed changes to the Rules of Civil Procedure, focusing on their impact on estates proceedings and compar…
- 736 - Proving Parentage: The Role of DNA Testing in Intestacy Disputes
In this episode of Hull on Estates, Natalia Angelini and Jordan Sarah Head examine parentage disputes over intestate estates under the Succession Law Reform Act. They discuss how competing definitions of who qualifies as a "child" often le…
- 735 - AI, Fake Authorities, and Process Integrity: The Ko v. Li Lesson
In this episode Jordyn Sanford and Jonathon Kappy follow the escalation of a show-cause hearing in Ko v. Li arising from AI‑generated "authorities" embedded in a factum. We discuss the initial show‑cause order and the Court's emphasis on c…
- 733 - The Capacity to Divorce - Calvert v. Calvert
This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case…
- 732 – Mayer v. Rubin – How the Appointment of Estate Trustees During Litigation is Evolving in Ontario
This week on Hull on Estates, Stuart Clark and Mark Debono discuss Mayer v. Rubin, 2017 ONSC 3498 where the Court exercised its inherent jurisdiction to appoint an Estate Trustee During Litigation, which is distinct from the conventional s…
- 731 - Support, Evidence and Testamentary Autonomy: Inside Watson v Lopes
This week on Hull on Estates, Natalia Angelini and Darien Murray discuss the decision of Watson v Lopes, 2025 ONSC 5934, where the Ontario Superior Court awarded a common-law spouse a lump-sum amount in dependant's support based on the dec…
- 730 - Applications for Directions under Rule 75.06
In this episode of Hull on Estates, Jonathon Kappy and Boris Eng dive into the often-overlooked versatility of Applications for Directions under Rule 75.06. After outlining their traditional role in estate litigation, they explore some of…
- 729 - The 11th Annual Family Dispute Resolution Institute of Ontario Conference, November 6, 2025
This week on Hull on Estates, Nick Esterbauer and Geoffrey Sculthorpe preview the 11th Annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference, "The FDR Toolbox: Equipping Professionals for a Changing World," set to take p…
- 728 - Klemensiewicz v. Klemens et al: Resulting or Constructive Trust & the Real Property Limitations Act
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real prope…
- 727 - Beneficiaries and Corporate Records: How Far Do Disclosure Rights Extend?
In this episode of Hull on Estates, Stuart Clark and Sumit Malhotra discuss disclosure rights of beneficiaries in context of corporations.
- 726 - When the Will Says One Thing and the Bills Say Another: The Stewart Estate Decision
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. Stew…
- 725 - The Scope of Relief From Forfeiture
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.…
- 724 – R. v. Bharwani: The Basics of Mental Capacity and Capacity for Fitness to Stand Trial
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,…
- 723 - Proposed Reforms to the Ontario Rules of Civil Procedure
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. Consultatio…
- 722 - CPC Networks Corp. v McDougall Gauley LLP, Lawyer File Ownership and Production Obligations
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 o…
- 721 - Quebec's Parental Union Reform
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: https://w…
- 720 - The History and Application of Mutual Will Agreements
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…
- 719 - The Robe & the Robot: The Use of AI Tools in Legal Practice
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 li…
- 718 - Exploring Collaborative Law in Estate Practice
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, pre…
- 717 – Panchyshyn v. Pietron: When an Estate Trustee Requires a Temporary Leave
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 circumsta…
- 716 - Beirat v. Khiyal: An Issue of Standing Re Claims Brought on Behalf of an Estate
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 o…
- 715- Balkinson v. Sandy: A Mother's Gift Gone Wrong
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.
- 714 - Digital Expressions of Testamentary Intentions: An Ontario Perspective
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…
- 713 - Impact of Probate
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.
- 712 - Hotner et al v. Norman - Financial Exploitation of Vulnerable Individuals
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 interse…
- 711: Jackson v. Rosenberg - Severing a Joint Tenancy During the Transferor's Lifetime
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 implicatio…
- 710: Tessaro v. Gora – The Ultimate Limitation Period in Negligence Claims
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 drafti…
- 709 - Johnston v. McLean – Consent Judgments as a "Species" of Contract
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 ou…
- 708: Preparing for LSO's New Client Contingency Planning Requirement
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 Man…
- 707 - Navigating Client Capacity Concerns: Insights from the LSO
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.
- 706 – Gomes v. Da Silva - How Limitations Statutes are Being Considered in Ontario
This week on Hull on Estates, Doreen So and Doug Higgins further discuss the decision of Gomes v. Da Silva, 2024 ONCA 792 as part of our recent series of discussions regarding the confluence of different statutory limitations periods, and…
- 705 – Gomes v. Da Silva, 10-year Limitation Period Under s. 4 of the Real Property Limitations Act
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the decision of Gomes v. Da Silva, 2024 ONCA 792, a case that concerns the 10-year limitation period under s. 4 of the Real Property Limitations Act. Gomes v. Da Silva, 2024…
- 704 – Will Challenges: The Differing Legal Landscapes Between B.C. and Ontario
In today's podcast Sydney Osmar and James Macfarlane discuss a recent decision out of the BC Supreme Court, Lam v Law Estate, where the court utilized its discretion under s. 60 of the Wills Estates and Succession Act to vary a gender-bias…
- 703 – The Evolving Context Behind Applicable Limitation Periods
This Week on Hull on Estates, Jonathon Kappy and Darien Murray follow up on the conversation started by Natalia Angelini and Diana McBey in Episode 701 where they discussed the Ontario Court of Appeal's decision in Ingram v Kulynych Estate…
- 702 - Practical Issues in Guardianship Appointments
In this episode, Nick and Ruth discuss the practical issues in Guardianship appointments and some of the considerations a family needs to take into account to be successful now and in the future.
- 701 - Ingram v. Kulynych Estate
In this week's episode, Natalia and Diana discuss Ontario Court of Appeals case Ingram v. Kulynych Estate, 2024 ONCA 678 (CanLII).
- #700 - Spisak v Spisak –Breach of Fiduciary Duty by an Executor
This week on Hull on Estates, Doreen So and Sara Racicot discuss Justice Dietrich's decision from the Ontario Superior Court of Justice titled Spisak v. Spisak. The decision offers an in-depth examination of the fiduciary duties owed by an…
- 699 - Kulyk v. Kulyk
This week on Hull on Estates, Stuart Clark and Geoffrey Sculthorpe discuss the recent decision of Kulyk v. Kulyk, pertaining to how the courts may deal with the unauthorized occupation of an Estate property, and the power the Estate Truste…
- Drennan v. Drennan - Application to Remove an Estate Trustee
On this episode of the podcast, Natalia Angelini and Grey Wen discuss the recent decision by the name Drennan v. Drennan. Drennan v. Drennan, 2024 ONSC 3905 (CanLII) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc3905/2024onsc3905.html
- #697 - Kacin v. Kacin – Lost Wills
This week on Hull on Estates, Jonathon Kappy and Shawnee Matinnia discuss the recent decision of Kacin v Kacin, pertaining to lost Wills, productions, and Estate Trustees during litigation.
- #696 – Benefits of Incapacity Planning
This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the benefits of incapacity planning, with a specific focus on Continuing Powers of Attorney for Property and the process and costs involved with Guardianship Applicati…
- #695: Elder Law Day 2024
This week on Hull on Estates, Sydney Osmar and Mark Lahn discuss highlights from the Ontario Bar Association's Elder Law Day 2024. Topics include collaborative law in estate litigation, caselaw updates, accommodating elderly clients, and t…
- #694 – Ontario Superior Court of Justice – Modernizing the Justice System
This week on Hull on Estates, Doreen So and Margarita Grup review the key developments and modernization initiatives that were outlined in the 2019-2023 report from the Ontario Superior Court of Justice, including future initiatives for fu…
- 693 - Support Obligations and Statutes: Considerations for Attorneys and Trustees
This week on Hull on Estates, Stuart Clark and Doug Higgins review the powers and duties of attorneys for property and estate trustees with respect to dependant support obligations. Stuart and Doug discuss the different requirements of var…
- #692 - Black-Donaldson v. Estate of Helen Small
This week on Hull on Estates, Natalia Angelini and Aaron Chan discuss a lawyer's responsibility to their clients in estate planning by examining the case of Black-Donaldson et al. v. The Estate of Helen Small, 2024 MBKB 56.