Danielle Joel

Danielle Joel  

Partner

Executive Summary

Danielle Joel is a partner in the Commercial Litigation group at Borden Ladner Gervais LLP’s Toronto office. Danielle specializes in litigation and advisory work in the areas of estates, trusts and capacity.

Danielle is experienced in highly complex issues, such as:

  • Succession problems arising in private and not for profit corporations, including oppression.
  • Contentious matters involving fiduciaries including breach of fiduciary duties, fraud, and removal of trustees.
  • Mental capacity both for personal care and property issues, including contested and non-contested guardianships, disputes and advice regarding the use of powers of attorneys.
  • Aging investors, joint assets and gifts
  • Inter vivos trusts, testamentary trusts and alter ego trusts.
  • The administration of complex trusts and estates, including a wide range of court processes such as applications for advice and directions, interpretations, and passing of accounts.
  • Multi-jurisdictional issues.

Danielle is a Certified Specialist in Estates and Trusts Law by the Law Society of Upper Canada; the past Chair of Ontario Bar Association, Estate and Trusts Executive; a member of the Advocates’ Society; and STEP. She has authored various chapters, most recently in Key Developments in Estates and Trusts Law in Ontario, and is a frequent speaker at continuing legal education conferences. Danielle has been selected by her peers for inclusion in The Best Lawyers in Canada® (Trusts and Estates) since 2009 and has also been recognized by the Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning).

Danielle is a trusted advisor to her clients. She has represented a wide range of clients from corporate trustees, fiduciaries, financial institutions, beneficiaries, companies, charities and foundations in various roles such as executors and trustees, Estate Trustees During Litigation and beneficiaries. She is well versed with the practices of Ontario’s Office of the Children’s Lawyer and the Public Guardian and Trustee. Danielle has experience with the resolution of issues through alternative dispute mechanisms including mediation, and the courts.

Representative Work

  • Skrobacky et al. v. Frymer et al. – successfully represented the plaintiff in upholding a multi-million dollar payment from an estate.
  • Vano Estate, Re – represented the institutional trustee on a contested passing of accounts.
  • Hallman v. Pure Spousal Trust (Trustee of) – successfully defended a change of venue motion for a beneficiary.
  • Evanoff Estate, Re – successfully represented the Estate against a creditor of a beneficiary of an Estate who was seeking standing on a passing of accounts.
  • Vincent v. Vincent – represented a beneficiary in a dispute about the payment of dividends from a corporation controlled by an Estate in litigation.
  • Canadian Red Cross Society, Re (Ont. CA) – successfully upheld on appeal an interpretation of a plan under the Companies’ Creditors Arrangement Act.

Publications & Presentations

  • Author, chapter in Key Developments in Estates and Trusts Law in Ontario, 2010 Edition, Canada Law Book.
  • Author, updated chapter in The Practical Guide to Ontario Estate Administration, 5th edition, Carswell, 2006.
  • Speaker at various continuing legal education conferences including the Ontario Bar Association and Law Society of Upper Canada on professional skills and estate litigation topics.

Rankings & Recognitions

  • Selected by peers for inclusion in the 2018 edition (and since 2009) of The Best Lawyers in Canada® (Trusts and Estates).
  • Recognized in the 2018 edition (and since 2015) of the Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning).