Eisen Law

09/03/2026

Eisen Law is thrilled to announce that partners Shael Eisen and Cassandra Ball have been named to the 2027 edition of The Best Lawyers in Canada for their work in Trusts and Estates law.

Recognized through a peer-review evaluation process, Shael has been honoured in this category since 2021 for his work in estate litigation, guardianship, and mediation, while Cassandra has been recognized since 2024 for her practice in estate litigation and elder law.

This honour reflects our team's ongoing commitment to providing exceptional advocacy and practical solutions in complex estate, trust, and capacity matters across Toronto and Ontario. Visit our website to read the full announcement and learn more.

https://ow.ly/lc2550ZIPho

08/24/2026

When a loved one’s ability to manage their finances, property, or personal care comes into question, navigating guardianship and legal capacity can quickly become overwhelming. Whether you are seeking a court appointment as a guardian or resolving substitute decision-maker disputes, experienced legal support ensures your family's rights and well-being are protected.

Eisen Law provides dedicated estate and trust litigation support across Ontario to help families manage complex guardianship applications and capacity matters with clarity and care.

Learn more about your legal options by visiting us online or by calling us today at 416-591-9997 for a free initial consultation.

08/19/2026

In estate litigation and trust disputes across Ontario, the valuation of significant estate assets is frequently the central battleground. A recent court decision underscores the strict standards of transparency required when trustees rely on expert appraisals.

The court ordered a trustee to release underlying communications and correspondence with valuation experts following a massive $100 million discrepancy between competing real estate appraisals. The ruling clarifies that relying on an expert report does not shield the valuation process from judicial scrutiny. Beneficiaries have a right to examine the instructions, assumptions, and preliminary discussions that informed those valuations.

For fiduciaries and beneficiaries alike, this case serves as a crucial reminder that procedural fairness and full disclosure are vital when handling high-value estate assets.

https://ow.ly/7j8g50ZBvv2

A $100 million valuation gap forces open a trustee's expert files

08/12/2026

Our world is shaped by diverse cultures, languages, and environments, but the core hopes of the rising generation are remarkably consistent. Young people everywhere want fair opportunities, a clean planet, and a meaningful say in their collective future.

08/11/2026

An Ontario Superior Court of Justice ruling has held an executor personally liable for damages and stripped her of compensation after 19 years of incomplete estate administration.

The court found the executor breached her fundamental fiduciary duties by commingling personal and estate funds, failing to maintain accurate records, and withholding financial disclosures. Under Ontario estate law, prolonged paralysis and gross mismanagement carry severe consequences, including personal surcharges, loss of trustee compensation, and orders to pay damages to beneficiaries.

https://ow.ly/TmmH50ZyfNk

The Ontario Superior Court of Justice found the executor failed to keep good records and commingled her funds with those of the estate

08/05/2026

Financial abuse under a Power of Attorney remains a critical threat to vulnerable seniors, highlighted by a recent Durham Regional Police Service investigation resulting in criminal charges against a 62-year-old Whitchurch-Stouffville man. https://ow.ly/UPfZ50ZwiGS

A man from Whitchurch-Stouffville is facing numerous charges for "fraudulently transferring" over $900,000 in funds from a 95-year-old man he had power of attorney over in Whitby, Durham police say.

07/31/2026

Happy Civic Holiday weekend! Our team will be out of the office on Monday to enjoy the holiday with their families. We will resume regular business hours on Tuesday morning.

07/29/2026

The Ontario Divisional Court has upheld a decision requiring an estate trustee to answer for her deceased father’s indebtedness as a guarantor for a commercial line of credit.

In Mootrey v. The Toronto Dominion Bank, 2026 ONSC 3534, the bank granted a business line of credit in February 1999, which was backed by personal guarantees executed by the company's owner and his wife. Following a subsequent default and arrears by the corporation, TD sought recovery from the estate. The Divisional Court's ruling underscores the enduring nature of personal guarantees, confirming that a guarantor's financial obligations do not automatically dissolve upon death and can legally bind their estate.

https://ow.ly/XyLm50ZtTml

TD sought to add her to action against her father’s company based on line of credit he guaranteed

07/22/2026

Administering an estate is challenging enough when everything is in Ontario, but adding foreign real estate, out-of-country bank accounts, or international beneficiaries introduces complex legal and tax hurdles. Estate trustees managing cross-border assets must navigate foreign probate requirements, local property laws, and potential double taxation, all of which can stall the distribution process.

Our latest blog post highlights the critical steps for administering a cross-border estate and looks at how tools like multi-jurisdictional wills can help streamline the process.

Read the full article via the link below.

https://ow.ly/MRAn50ZoxNz

Administering an Ontario estate with foreign assets? Learn about probate, tax, beneficiaries, records, and cross-border estate issues.

07/20/2026

In a recent Ontario decision, Shapiro v. Shapiro, the Superior Court ordered a husband to pay his son $125,000 in net costs following two deeply contested estate proceedings. The litigation arose after the testator significantly altered her estate plan, leaving her $7 million residue to her son while disinheriting her daughter and reducing her husband's share.

Although the husband and daughter challenged the will on grounds of undue influence, the Court upheld the will's validity. However, the husband succeeded in a separate claim for dependant support, securing title to the matrimonial condominium.

Ultimately, the Court balanced the outcomes by awarding the son $200,000 for the will challenge and the husband $125,000 for the dependency claim. Applying a set-off, the husband was ordered to pay the net difference of $125,000 to the son.

https://ow.ly/RG4e50ZnRjV

Proceedings include will challenge and dependant support claim