Danielle Joel

Danielle Joel  

Partner

Executive Summary

Danielle Joel is a partner in the Toronto office of Borden Ladner Gervais LLP. Danielle practises in the area of civil litigation with a specialization in estate, trust and incapacity litigation.

Within her specialized area, Danielle has experience in dealing with highly complex disputes involving breach of trust and fiduciary duties, fraud, powers of attorney, professional liability, and corporate interests held by estates, including oppression claims. Danielle has acted on a wide range of contentious and non-contentious applications, including guardianships, will challenges and interpretations, passing of accounts, and support claims. Danielle understands how to resolve these types of problems whether through alternative dispute mechanisms (including mediation) or court. Danielle has represented a wide range of clients from institutional trustees, estate trustees (executors), estate trustees during litigation, beneficiaries and charities, and she understands the practices of the Office of the Children’s Lawyer and the Ontario Public Guardian and Trustee.

 

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 2016 edition (and since 2009) of The Best Lawyers in Canada® (Trusts and Estates).
  • Recognized in the 2015 edition of the Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning).