Mayer v. Rubin, 2017 ONSC 3498
| Jurisdiction | Ontario |
| Judge | Myers |
| Citation | 2017 ONSC 3498 |
| Date | 06 June 2017 |
| Subject Matter | TRUSTS,PRACTICE,EXECUTORS AND ADMINISTRATORS |
| Court | Superior Court of Justice of Ontario (Canada) |
| Docket Number | 05-162/16 |
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11 practice notes
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Case Management: Be Zealous But Be Reasonable
...by The Ministry of the Attorney General 2 Mayer v. Rubin 2018 ONCS 1826 at para 13. 3 See for example 2017 ONSC 1404, 2017 ONSC 1704, 2017 ONSC 3498 and 2017 ONSC 4 Ibid at para 10. 5 Ibid at para 10. 6 Ibid at para 10. 7 Ibid at para 11. 8 Ibid at para 13. 9 Ibid at para 12. 10 Ibid at par......
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Berner v. Gorgi,
...be left in charge of trust property pending resolution of the litigation. Rather, a neutral trustee is required. See: Mayer v. Rubin, 2017 ONSC 3498 at para. 36 and Class v. Smith, 2018 ONSC 623. [16] In this case, Erica is neither a co-trustee nor a beneficiar......
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Estates Litigation Update: The Superior Court Has Broad Jurisdiction And Inherent Jurisdiction To Appoint An Estate Trustee During Litigation Even Where There Is No Will Challenge
...Meyers v. Rubin, 2017 ONSC 3498 Justice Meyers of the Superior Court for Ontario held that the Court's jurisdiction to appoint an administrator over property of a deceased person is not limited to circumstances which the will or grant of probate or administration is in Instead, Justice Meye......
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Class v. Smith, 2018 ONSC 623
...with the court's statutory powers to ensure fairness and practicality are maintained while litigation proceeds: see Mayer v. Rubin, 2017 ONSC 3498, 30 E.T.R. (4th) [39] The general rule is that the court does not appoint a party litigant as Estate Trustee during Litigation. Where there is c......
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9 cases
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Berner v. Gorgi, 2021 ONSC 5103
...be left in charge of trust property pending resolution of the litigation. Rather, a neutral trustee is required. See: Mayer v. Rubin, 2017 ONSC 3498 at para. 36 and Class v. Smith, 2018 ONSC 623. [16] In this case, Erica is neither a co-trustee nor a beneficiar......
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Spectrum Way Corp. v. The Estate of Bibi Zariena Alli et al, 2023 ONSC 556
...involves disputes between and amongst estate trustees and/or potential beneficiaries: Re Bazos, 1964 CanLII 258 (ONCA); Mayer v. Rubin, 2017 ONSC 3498 at para. 36; McQuoid v. Patterson, 2020 ONSC [18] In such cases, Myers J. found that: “It is in t......
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De Sante v. De Sante, 2022 ONSC 2957
...discussions that exclude some of the parties. [29] In Mayer v. Rubin, 2017 ONSC 3498, at para. 36, Justice Myers stated as … [i]t is in the interests of all beneficiaries that the assets of the estate be immunized from the t......
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Class v. Smith, 2018 ONSC 623
...with the court's statutory powers to ensure fairness and practicality are maintained while litigation proceeds: see Mayer v. Rubin, 2017 ONSC 3498, 30 E.T.R. (4th) [39] The general rule is that the court does not appoint a party litigant as Estate Trustee during Litigation. Where there is c......
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2 firm's commentaries
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Case Management: Be Zealous But Be Reasonable
...by The Ministry of the Attorney General 2 Mayer v. Rubin 2018 ONCS 1826 at para 13. 3 See for example 2017 ONSC 1404, 2017 ONSC 1704, 2017 ONSC 3498 and 2017 ONSC 4 Ibid at para 10. 5 Ibid at para 10. 6 Ibid at para 10. 7 Ibid at para 11. 8 Ibid at para 13. 9 Ibid at para 12. 10 Ibid at par......
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Estates Litigation Update: The Superior Court Has Broad Jurisdiction And Inherent Jurisdiction To Appoint An Estate Trustee During Litigation Even Where There Is No Will Challenge
...Meyers v. Rubin, 2017 ONSC 3498 Justice Meyers of the Superior Court for Ontario held that the Court's jurisdiction to appoint an administrator over property of a deceased person is not limited to circumstances which the will or grant of probate or administration is in Instead, Justice Meye......