To purchase this video please click “Add to Cart”.
Login to watch this video if you have a subscription. Learn more about subscriptions.This estates-focused case law update examines two recent Ontario decisions and their practical lessons. In Jackson v Rosenberg, 2024 ONCA 875 with 2025 ONCA 48 supplementary reasons, Josh Laplante reviews the presumption of resulting trust from Pecore, the requirements of a valid gift, and how joint tenancy, survivorship interests, and severance operate in practice. Devonport v Devonport, 2024 ONSC 6764 affirmed 2025 ONCA 753, is used to illustrate the anti lapse provision in section 31 of the Succession Law Reform Act, modern will interpretation principles, and the court’s approach to drafting solicitor evidence. Throughout, the session emphasizes clear documentation of intention, appropriate use of deeds of gift or trust agreements, and sound practices around capacity and undue influence.
Joshua is a partner with Cohen Highley LLP with an exclusive focus on estate disputes, power of attorney issues, guardianship matters, and the administration of estates. He is committed to providing clear, compassionate, and effective legal advice to clients facing complex and often emotionally charged legal challenges. Whether navigating the intricacies of contested wills, advising on capacity and guardianship concerns, or assisting estate trustees with estate administration, Joshua offers thoughtful guidance tailored to the unique needs of each client and situation. He advocates tirelessly for elder rights and the protection of individuals who may be unable to make decisions for themselves. Joshua represents both executors and beneficiaries in estate disputes, offering strategic guidance and strong advocacy through estate accounting disputes, removal of estate trustees, rectification of wills or trusts, and dependent support claims. Having started his career in Cohen Highley’s Kitchener office, Joshua transitioned to the firm’s London office in 2021. Today, he maintains strong roots in both communities and services clients throughout Ontario. Outside the office, Joshua is an avid golfer and can often be found on one of the many local public courses, seeking new challenges. When not on the course, he attends live shows and concerts and enjoys exploring local pubs and restaurants.