Can Historic Family Law Obligations Continue to Have Consequences After Death?

Can historic family law obligations continue to have consequences after death through Part V of the Succession Law Reform Act?

A recent case touched on that question, causing a stir in the estates litigation community. The lawyer at the center of the issue is fielding calls from fellow lawyers, who themselves are fielding calls from people seeking to use this decision.

But did this decision create new law?

To find out more, I reached out to Jenny Bogod, who shared the unique circumstances of the case, as well as her perspective on losing a motion for summary dismissal under Rule 2.1.01.

What You’ll Discover In This Episode

The strategy behind filing the motion
Why a summary dismissal in this case was ‘ deceptively difficult’
How a previously-unknown child support order came to light
The related threshold motion still awaiting decision
How Jenny recovers from losses
The implications of an influx of similar cases in the next few years

About the Guest

Jenny Bogod is a partner at Rosen Sack LLP, and a passionate litigator whose practice focuses on estate, trusts and capacity litigation as well as professional negligence. Jenny represents dependants, estates, beneficiaries and persons whose capacity is being questioned by others in matters related to will challenges, will interpretation applications, power of attorney disputes, dependant support claims and guardianship applications. For more information or to connect directly with Jenny, visit https://www.rosensack.com/jenny-bogod

About Your Host

Areta Lloyd practices estate and trusts litigation, with a particular focus on capacity litigation. She participates in public speaking, mentoring junior lawyers, and presenting courses on the topics of estates law, health law, and law practice management. Areta has written for several publications and wrote a column for the Alzheimer caregiver website ALZlive.com.

Resources

Have a suggestion for a great case to feature on the show? Email me at hello@onegreatcase.com

Looking for support in your legal career? The Toronto Lawyers Association offers resources, networking, and legal research at no cost. Visit https://www.tlaonline.ca/

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