Estates and Trusts
At Paliare Roland, we have acted on a number of high profile contested estates and trusts matters. We advocate on behalf of both trustees and beneficiaries in will challenges, dependant’s relief applications, capacity and guardianship disputes, and breach of trust matters. Our lawyers have argued leading cases on the right to contest probate, the existence of a trust by virtue of a government grant, misconduct by trustees and advisors, and removal of trust assets offshore. Importantly, we have also achieved settlements of significant and complicated disputes engaging family businesses, trusts and estates.
- Representative Work
Justice Dietrich gave directions clarifying legal title to real property where the deceased had dealt with title without his spouse’s consent: Berg v. Jaylevy Limited, 2019 ONSC 2255. Megan Shortreed and Denise Cooney acted for the Estate Trustees.
Chris Paliare, Megan Shortreed and Jean-Claude Killey represented Edith Neuberger in Neuberger v. York, 2016 ONCA 191, a leading case about estoppel and the conduct of Estate Trustees. Our client was successful at the Ontario Court of Appeal, and leave was denied at the Supreme Court of Canada, 2016 CanLII 60508 (SCC).
Linda Rothstein and Megan Shortreed acted for a prominent Canadian family in a complex multi-party trusts and estates case. Through extensive litigation and negotiations, we obtained disclosure and through settlement recovered the family's assets from the former and current trustees and their legal advisors.