Understanding a Handwritten Will in Manitoba A handwritten will in Manitoba can be legally valid. These are known as holographic wills, and unlike “traditional” wills they do not require witnesses or formal drafting. At first, this seems convenient. You can write your wishes down, sign the document, and assume everything is settled. However, that assumption often creates problems later. In … Read More

Yes. A court can remove an executor who fails to meet legal obligations. Courts usually respect the appointment of an executor named in a will, but they intervene when an executor’s actions or inaction harm the estate or the people entitled to inherit. The court’s authority exists to protect beneficiaries and ensure proper estate administration. Executor Duties Explained An executor … Read More

The State of Unconscionable Procurement in British Columbia By John E. S. Poyser Sandwell v. Sayers 2022 CarswellBC 979, 2022 BCSC 605 (B.C.S.C) recently commented on the prospective place of “unconscionable procurement” in the law of British Columbia: “I have real doubt about the place of the doctrine of unreasonable procurement in British Columbia law” [para 61].  This blog comments … Read More

“What is Old is New” Attacking Gift Transactions in Mantioba — Unconsconcionable Procurement Good Law Stoppel v. Loesner, 1974 CarswellMan 141, 47 D.L.R. (3d) 317 (Man. Q.B.) (“Stoppel”) was decided in Manitoba by Hamilton J. in 1974.  It is an older case, but now effectively new again – dealing with the doctrine of unconscionable procurement that appears to be re-emerging … Read More

Is Unconscionable Procurement Properly Part of the Law in Ontario? The Ontario Court of Appeal made obiter comments about the recently re-emerging doctrine of unconscionable procurement in Gefen Estate v. Gefen, 2022 CarswellOnt 2348, 2022 ONCA 174.  The doctrine had been deployed in a trial decision with both parties taking the position that it applied.  Neither had objected.  It was … Read More

Technically speaking, a personal representative of an estate (ie. an Executor or an Administrator) is beholden to the beneficiaries of the estate to take reasonable steps to pursue debts that are owed to the estate. However, as the legal estate decision-maker, a PR can decide to drop any potential claim the estate may have against another party. PR’s often find … Read More

Privilege & Releasing the Lawyer’s Will File Navigating the release of a lawyer’s will file can be a difficult task. The general rule is that the contents of a will file, including the will itself, is confidential and subject to solicitor-client privilege. The will file cannot be released to anyone during the will-maker’s life or after the will-maker’s death unless … Read More

Understanding the Doctrine of Unconscionable Bargain The doctrine of unconscionable bargain is a tool in any litigator’s arsenal that can be used to attack transactions. It is deeply rooted in case law in Canada and England. The Scenario: An older farmer and his neighbor enter into a transaction whereby he “sells” his farmland to the neighbor for a price well … Read More