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