The field of law known as “unjust enrichment” comes up more and more. In the case of Moore v. Sweet, the Supreme Court of Canada had to consider such a …
Executor and Executrix in Ontario
Question: What is the current status of the terms “executor” and “executrix”? Answer: There have been changes in practice over the years. The term executrix has been dropped since women’s …
Death of Seller or Buyer in Ontario
Question: If a seller signs a listing agreement with a brokerage, but dies before any offers have occurred, is the contract binding on the heirs of the seller to continue offering …
Issues Concerning the Appointment of a Guardian
(Ontario) Question: There are a number of issues related to real estate in a Will, but what about younger children? Can they still live in the house etc? Answer: Good …
Joint Tenancy without the “Statement of Intention” can be Costly
There was an interesting case which recently came before the Ontario Court of Appeal for consideration. At issue was the question of whether or not the individual intended “joint tenancy”. …
Estate Sale: Who’s the Client?
Sometimes, this is a little more complicated than it would seem. Mary Jones had three daughters: Marie, Cathy and Joan. Marie was just like an extra mother because she was …
Statutory Severance of Joint Tenancy (Matrimonial Home in Ontario)
Question: If 3 partners, who are single, own a property as joint tenants, one partner gets married and dies after 3 yrs. So joint tenancy is for dead partner’s part …
Joint Tenancy Thwarts Bankruptcy in This Instance
Having property registered in joint tenancy actually worked quite favourably. A doctor acquired a matrimonial home and placed the title in his name together with his wife as joint tenants. …
Deceased without Relatives
Question: What happens to a property when someone dies without any relatives? Answer: There are relatives, you just don’t happen to know who they are. This type of an estate …
Seller Might Die Before Closing
Question: What happens if the Seller dies before the closing date? The Seller has already signed an Agreement of Purchase and Sale by an Attorney pursuant to a Power of …