Estates & Trust Litigation

There are few areas of law more personal, important, and frankly, stressful to our clients than estates litigation. These disputes often involve complicated, emotional family dynamics that need to be managed alongside complex subject matter such as the validity of wills and gifts and the proper distribution of estate assets.

We have acted as counsel on numerous estates cases that include compelling trustees to pass accounts, applications to remove trustees, will challenges, and actions alleging oppression by estate trustees and seeking to recover or preserve estate property.

Our lawyers have experience acting for individuals, corporate entities, litigation guardians, and estate trustees during litigation in some of the most complex cases in Ontario, including several on the Toronto Estates list. One of our founding partners, Justin Nasseri, has also acted as a court-appointed Litigation Guardian in a complex estates case.

Our advice on these matters is frequently sought out by other lawyers, institutional clients, and court-appointed litigation guardians and ETDLs.

News, accolades & recognition

Mark and Sharon succeed at the Court of Appeal!

On May 6, 2021, the Court of Appeal for Ontario released its decision in Hornstein v. Kats, largely upholding an 18 day trial victory by Mark Ross and Sharon Sam, in this case relating to a residential property dispute. The Court of Appeal only varied the trial...

Eric Brousseau wins property application

Congratulations to Eric Brousseau for his success in the application DYN Exporters Can. Inc. v. 9024 Keele Park Properties Ltd., 2021 ONSC 2393. Eric persuaded the Court to grant the application for an order for payment to the applicant of monies that were owed...

Mark Ross and Avi Bourassa win property application

Congratulations to Mark and Avi for their success in the application, 11428349 Canada Inc. et al v. Royal Bank of Canada (unreported), which was brought on an urgent basis. They convinced the Court to retroactively rectify title under sections 159-160 of the Land...