Episodes
749
Latest episode
Aug 2026
Language
EN
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
This week on Hull on Estates, Nick Esterbauer and Mark Debono discuss the HELP-M Toolkit: Identifying and Responding to Family Violence and Power Imbalances in Mediative Approaches, some of its principles, and its application to mediation in estate litigation context. For more information, please refer to the Hull & Hull LLP blog post on this topic.
In this episode of Hull on Estates, Stuart Clark and Mandana Niknejad discuss the Ontario Superior Court's decision in Roberts v. Cowie and the evolving law surrounding limitation periods in will challenges. The discussion explores the distinction between probate proceedings and civil claims, the concepts of declaratory and consequential relief, and how Roberts v. Cowie may create a narrow pathway for certain will challenges to proceed beyond the two-year limitation period while considering the impact of earlier decisions such as Leibel v. Leibel and Wall v. Shaw. Citations for Cases Discussed: Roberts v. Cowie, 2026 ONSC 1412. Leibel v. Leibel, 2014 ONSC 4516. Wall v. Shaw, 2018 ONCA 929.
This week on Hull and Estates, Doreen So and Li-Mei Mayer discuss the recent court of appeal decision 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, which overhauled the Handley Estate rule governing the disclosure of partial settlement agreements in multi-party litigation. 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352
On this week's episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court's recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court's three-part test and highlights the evidentiary and conceptual challenges associated with proving the third element, coercive control. The principal focus is on the decision's implications for estate litigation, including whether tort claims may be advanced alongside dependant support claims under the Succession Law Reform Act, the types of evidence required, the nature of damages available, and strategic considerations such as sequencing of remedies and the likely application of the limitation period under the Trustee Act.
In this episode of Hull on Estates, Jonathon Kappy and Jordan Sarah Head discuss when an apparent financial interest is sufficient to confer standing in estate proceedings, focusing on Will challenges and passings of accounts. They discuss Toronto-Dominion Bank v. Witoszkin, 2024 ONSC 921, to consider whether "moral watchdogs" have any standing in estate litigation.
In this episode of Hull on Estates, Nick Esterbauer and Osama Saleemi discuss D.R. v. A.R., 2026 ONSC 796, a recent decision of the Ontario Superior Court of Justice addressing guardianship of property under the Substitute Decisions Act, 1992, and when less restrictive options might be more appropriate. Case reference: D.R. v. A.R., 2026 ONSC 796 (CanLII),
In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss the rule against perpetuities as applied in Ottawa (City) v. ClubLink Corporation ULC 2021 ONCA 847 and 2025 ONCA 34. A medieval doctrine and long-standing source of anxiety for lawyers, the rule against perpetuities is brought sharply into focus with these decisions. Stuart and Filbert discuss the complex factual background leading to the litigation, the Court of Appeal's reasoning in both decisions, and key pitfalls lawyers should be mindful of when drafting agreements that impose interests in, or conditions on, land.
In this episode of Hull on Estates, Doreen So and Yalda Mostafaie discuss Estate of Sydney Monteith, 2023 ONSC 7246, in which the Ontario Superior Court of Justice considered whether a fostered but non‑adopted child could inherit on an intestacy. The episode examines the interaction between the Succession Law Reform Act and the Children's Law Reform Act, and the Court's strict statutory approach to defining "child" and "sibling" for intestate succession purposes.
This week on Hull on Estates, Natalia Angelini and Sofie Hector discuss Hernandez v. Hernandez, 2026 ONSC 1136, where the Ontario Superior Court of Justice awarded costs against a party who was successful on the legal issue before the Court, emphasizing that relative success does not shield a litigant from adverse cost consequences where their conduct undermines proportionality and the efficient administration of an Estate.
This week on Hull on Estates, Jonathan Kappy and Osama Saleemi discuss the passing of accounts in estate, trust, and fiduciary matters, with a particular focus on how the process can be used creatively beyond its traditional retrospective function. The episode examines the limits of passing accounts, the court's role in reviewing fiduciary conduct, and how trustees and other fiduciaries may use the process to obtain practical assurance for proposed interim distributions, while remaining mindful of the boundaries of judicial discretion.
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