Daniel is a member of BLG’s Private Client Group and National Chair of the Estate, Trust and Family Litigation Focus Group.
His practice focuses on estates and trusts litigation, including will challenges and interpretations, passings of accounts, removals of trustees, dependants' relief, guardianships, and other cases involving trusts, powers of attorney and estate bonds. He also represents clients in contentious multi-jurisdictional administrations and financial institutions in disputes involving aging investors.
Daniel also acts as a mediator of estates and trusts disputes, and has expertise in insurance defence, commercial litigation and family law. Daniel is certified as a Specialist in Estates and Trusts Law by The Law Society of Ontario. He is a designated Associate of the Chartered Institute of Arbitrators.
Experience
Acted for individuals, corporations, trust companies, charitable foundations and bonding companies in a wide variety of estates, trusts, insurance, commercial and family matters in the lower courts and on appeal.
Acted for lawyer and law firm in obtaining stay of negligence proceedings, pending outcome of appeal to tax court of Canada: Kaye v Fogler Rubinoff LLP, 2019 ONSC CanLII
Acted for trust company in obtaining recognition indemnity rights where interim appointment as guardian did not specify same: Mian v Akram, 2019, Court File No. 03-064/18 (0NSC)
Acted for trust company in responding to and refuting allegation of breach of duty in context of contested request for interim distribution where Estate a party to multiple pieces of litigation: Kearns v. Kearns et al, April (2017), Court File No. 05-111/15 (ONSJ)
Acted successfully for ultimate beneficiary in having terms of Will trusts interpreted to find there was “ascertainable standard” for encroachment power and duty of even hand could be applied: Goodall v. Schwobel (2014), ONSC 3993
Acted for estate trustee in having foreign heirs of deceased identified and Will interpreted as regards devolution on partial intestacy to such heirs: Kapousouzian Estate v. Spiak (2014), ONSC 2355.
Appeal of decision enforcing settlement and declining to award pre-judgment interest; successful in reversing latter award: Dick v. McKinnon (2014), ONCA 784.
Acted for trust company, as proposed co-guardian, regarding approval of Management Plan with limitations of liability and ability of each co-guardian to engage independent counsel and obtain full indemnity for legal fees and increased care and management fee: Abrams v. Abrams et al (August 2011), Court File No. 03-003/08 (OSCJ).
Acted for Office of The Children's Lawyer in rectifying a $22-million testamentary trust, thereby
preserving its benefit and ensuring that $17 million in gifts, which would otherwise have failed, did not fall
into residue. Re Estate of John Johannes Jacobus Kaptyn (August 6, 2010), Court File No. 05-40/07 (OSCJ).
Acted for executrix to establish right of adopted child to inherit from next-of-kin of adoptive parent; first case on this issue: Kinneberg, as Executor of Estate of Evans v. Bradfield and the PGT, as Estate Trustee of the Estate of Rich (April 2010), Court File No. 01-0046/07 (OSCJ).
Acted for applicant in obtaining order for assessment of capacity in guardianship proceedings under Substitute Decisions Act: Kischer v. Kischer et al (January 2009), Court File No. 03-96/08 (OSCJ).
Acted for hospital foundation in seeking removal of executor over conduct of estate administration: St. Joseph's Health Care Centre v. Dzwiekowski (2007), CarswellOnt 7642; OJ No. 2619 (SCJ).
Acted for trust company, as estate trustee, on application for opinion, advice and direction concerning placement and effect of residue clause; and, first case establishing right of trustee to equitable set-off of debts owed to one estate from interest of a beneficiary in another: Re Pressman Estate, [2005] OTC 536 (SCJ).
Acted for beneficiaries of a trust to remove the trustee, and defend cross-claims for rectification to add him as a beneficiary or to set aside the trust: Rose v. Rose (2006), 24 ETR 217; 81 OR (3d) 349 (SCJ).
Acted for school board in having Cy-près doctrine applied to obtain benefit of educational trust fund for students of amalgamated board: Abercrombie Estate v. Etobicoke Board of Education (2004) 6 ETR (3d) 1 (OSCJ).
Acted for the applicants/appellants in obtaining dependant's relief increasing the benefit to be received by adult child with a serious deteriorative illness, and in which the SCC's decision in Tataryn was first applied in Ontario: Cummings v. Cummings (2003), 5 ETR (3d) 81 (SCJ); (2004), 69 OR (3d) 398 (CA); leave to SCC denied.
Acted for administrator of the pension plan as regards competing designations between first and second spouses and entitlement to survivor benefits: Teamsters & Participating Employers of Ontario Pension Plan v. Hay (2003), 65 OR (3d) 744; 43 RFL (5th) 25; 3 ETR (3d) 38 (SCJ).
Acted for widower at trial in having claim of executors/children of deceased spouse to set aside RRSP beneficiary designation dismissed, and obtain costs: Bliss Estate v. Bliss (October 2002), Court File No. 99-CU-78680; and, on appeal of costs award: (2004) CarswellOnt 3888 [2004] OJ No. 3921 (CA).
Acted for charities in establishing that signs or symbols were effective to create testamentary disposition in favour of the charities, and so avoid an intestacy: Urquhart Estate v. Urquhart (2000), 182 DLR (4th) 249 (OCGD)
Acted for guardian of property, to ensure that incapable person's right to have his solicitors' accounts assessed was protected: Neinstein & Associates v. The Bank of Nova Scotia Trust Company(October 2000), Docket C33741 (Ont. CA).
Acted as co-counsel for the respondent trustee in the lower Court, and Divisional Court on appeal, to set aside Order that broke a trust and have assets returned to an estate; case established that beneficiaries have right to notice of proceedings affecting their financial interests where testatrix was incapable and could not have changed her Will: Weinstein v. Weinstein (Litigation Guardian of) (1997), 35 OR (3d) 229(OCGD).
Co-presenter, 2021 Trust and Estate Controversy Forum – US, UK, Canada, McDermott Will & Emory LLP, September 2021
PRÉSENTATION
Chair, Foreign Trusts – Three Nations: Spain, Canada, Italy, inter-firm seminar by Cuatrecasas, BLG and Chiomenti firms, January 2021
PRÉSENTATION
Chair and Presenter, “Claims on Administration Bonds in Times of Economic Crisis,” Client Virtual Seminar (Toronto and Vancouver), April 2020
PUBLICATION
Co-author, “The Role of the Medical Expert in the Retrospective Assessment of Testamentary Capacity,” The Canadian Journal of Psychiatry, April 2020
PUBLICATION
Co-presenter, “My Court Process is Better Than Yours,” Legal Week, Trust & Estates Litigation Forum (Marrakech), February 2020
PRÉSENTATION
Co-presenter, “Power of Attorney Disputes – What to Expect” at “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute,” Advocates’ Society, September 2019
PRÉSENTATION
Speaker, “The ‘Requirement’ of Probate, Guardianship Orders and Obtaining Recognition of Foreign Equivalents” (Quebec City) ILCO, May 2019.
PRÉSENTATION
Co-Presentor, “The Latest Trends in Private Client Litigation”, Legal Week, Private Client Forum Americas (Newport Beach, CA) March 2019.
PRÉSENTATION
Co-Presentor, “The Moral and Ethical Dilemmas when Lawyers make mistakes”, Bnai Brith, Estates Trusts Seminar (Toronto) May, 2019.
PRÉSENTATION
Panel Member, “Capabilities and Competition in Trustee Appointments and Ramifications for Litigation”, Legal Week, Trust and Estates Litigation Forum (Girona) March 2019.
PRÉSENTATION
Co-Presentor, “Developments in the Law of Estoppel: Sword v. Shield”, Legal Week, Trust & Estates Litigation Forum (Evian) March, 2018.
PRÉSENTATION
Chair, “Incidence of Claims for Alleged Professional Negligence, Steps Which May be Taken to Avoid a Claim, Repair a Situation or Mitigate Liability” for STEP Toronto branch, February, 2018.
PRÉSENTATION
Speaker, “Identifying Undue Influence: Good Samaritans, Opportunists and Bad Actors,” BLG Aging Investors’ seminars, January (Toronto) and June (Calgary) 2017
PRÉSENTATION
Speaker, “Incomplete Beneficiary Designations: Corroborating Intention and the Remedy of Rectification,” RBC DS, April 2017
PRÉSENTATION
Panel member, “Public v. Private: How Private are Trust Proceedings?” Legal Week, Trust & Estates Litigation Forum (Provence), March 2017
PRÉSENTATION
Chair, “Probate Planning – Issues Arising from Drafting and Litigating Secondary Wills,” STEP Toronto, January 2016
PRÉSENTATION
Panel member, “Mediation Advocacy,” Ontario Bar Association, September 2015
PRÉSENTATION
Panel member, “Servicing Aging Investors – Some Practice Tips,” July 2015
PRÉSENTATION
Speaker, “Trustees’ Exercise of the Power to Encroach,” Ontario Bar Association/BLG Ottawa, November 2014
PRÉSENTATION
Speaker, “Charitable Gifts: Complications Arising in Applying Cy-Près Doctrine,” LSUC – 16th Annual Estates and Trusts Summit, November 2013
PRÉSENTATION
Panel member, “Trusts Law: Selected Aspects as Related to Family Law,” Osgoode Hall Law School York University’s 2nd Annual Recent Developments and Complex Issues in Property and Equalization, June 2013
PRÉSENTATION
Panel member, "Tips for Success at Estate Mediation," Ontario Bar Association's Institute, Trusts and Estates Law – Best Practices, Practical Tips and Risk Management for Estate Planning, February 2013
PRÉSENTATION
Speaker, “Wills, Powers of Attorney and Challenges to Them,” The Medico-Legal Society of Toronto’s program on Capacity Assessments, April 2013
PRÉSENTATION
Speaker, "Claims on Administration Bonds: The Mysteries Unveiled," The Law Society of Upper Canada 15th Annual Estates and Trusts Summit, November 2012
PRÉSENTATION
Panel member, "Solicitors' Duty of Care in Preparing Wills, Subject to Challenges," Law Society of Upper Canada 14th Annual Estates and Trusts Summit, November 2011
PRÉSENTATION
Speaker, "Duties of Attorneys for Property: Jurisprudence: Solicitors as Attorneys, Trustees and Estate Trustees – What You Need to Know," Ontario Bar Association Conference, May 2010
PRÉSENTATION
Speaker, "The Outer Limits in Will Challenges: Common Claims that May Be Brought Against an Estate: Will Challenges, Extensions, or the Election Under the Family Law Act, and Dependant's Relief Claims," Ontario Bar Association Conference, October 2009
PRÉSENTATION
Author, periodic articles for Advisor's Edge Report, a publication on financial planning and wealth management, on various topics in estate and trust law, September 2009-2012
PUBLICATION
Speaker, "Entitlement of Support of Adult Disabled Child – from a Parent or Estate," Family Institute Program entitled "Everything You STILL Don't Know About Family Law and Are Afraid to Ask!" Ontario Bar Association, February 2009
PRÉSENTATION
Guest blogger, "Fight or Flight?: The Responsibilities of Executors?" slaw.ca, August 2009
PUBLICATION
Author, "A Charitable Beneficiary's Entitlements – Rainy Days and Rainbows," BLG's Not-for-Profit Newsletter, June 2009
PUBLICATION
Speaker, "Implications and Open Questions of Court of Appeal Decisions in Frye and Serra cases" and panel member, "Variations of Trust", Society of Estates and Trusts Practitioners (STEP) Canada 11th National Conference, June 2009
PRÉSENTATION
Speaker, "Settlements in Estates," Ontario Bar Association Civil Litigation Section Program "The Essentials of Settlements: From Offers to Handshakes," December 2008
PRÉSENTATION
Speaker, "Litigation Involving Intestate Estates," Ontario Bar Association Estate and Trust Section Meeting, October 2008
PRÉSENTATION
Speaker, "The Award of Costs in a Will Challenge," Ontario Bar Association Conference "The Will Challenge: From Notice of Objection to Trial," March 2007
PRÉSENTATION
Speaker, "Unjust Enrichment, Constructive Trust and Quantum Meruit Claims," LSUC 9th Annual Estates and Trusts Summit, November 2006
PRÉSENTATION
Speaker, "Aging Donors & Their Unhappy Children: Disturbing Trends in Estate Litigation and How to Effectively Respond to Challenges to Donations and Will Bequests," Ontario Hospital Association Conference "Legal Issues for Hospital Foundations," October 2006
PRÉSENTATION
Speaker, "Rule 75.1 and the Order Giving Directions," and panellist, "How Experienced Counsel Prepare their Clients for Mediation," joint ADR and OBA Estate and Trust Section Program "Rolling Over in Their Graves," February 2006
PRÉSENTATION
Co-author, "Mental Capacity and Consent," Chapter in Advising the Elderly Client, Butterworths, 2005
PUBLICATION
Panel member, "Three Estate Litigation Case Studies"; also speaker, "Strategies in Dependant's Relief Cases," LSUC 7th Annual Estates and Trusts Summit, December 2004
PRÉSENTATION
Speaker, "Claims Against the Estate: Quantum Meruit, Constructive Trusts and Proprietary Estoppel," Ontario Bar Association Program "Estates: Beyond the Will," October 2004
PRÉSENTATION
Speaker, "Mediating Mental Health Disputes," Law Society of Upper Canada Program entitled "Capacity, Consent and Substitute Decisions," 2003
PRÉSENTATION
Speaker, "Types of Disputes" and "The Estates Rules," Strategy Institute Program entitled "Estates Law for Mediators, Lawyers, Advisors, Charities and Financial Institutions," June 1999
PRÉSENTATION
Co-speaker, "Lost in the Litigation Forest: Where are the Rights of the Child in the Dispute Process," Annual ACPD/CALT Conference on the U.N. Convention on the Rights of the Child, June 1998
PRÉSENTATION