Danielle Joel

Associée

Toronto
[email protected]
416.367.6106

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Danielle specializes in estates, trusts and capacity litigation and advisory work.

 

Danielle represents clients in highly complex issues, involving:

  • succession problems and disputes involving private companies
  • highly contentious matters involving fiduciaries, including breach of fiduciary duties, fraud and removal of trustees
  • mental capacity issues, and substitute decision making (guardianship and powers of attorney), including disputes and advice regarding personal
  • care and property issues
  • the administration of complex trusts and estates, including court processes such as applications for advice and directions, interpretations and passing of accounts
  • aging investors, joint assets, and gifts
  • issues involving not-for-profit companies and charitable interests
  • professional liability
  • multi-jurisdictional issues

Danielle is a trusted advisor to a wide range of clients, including fiduciaries, beneficiaries, financial institutions, corporate trustees, private companies and non-profits/charities/foundations.

Danielle is well-versed in the practises of the Ontario Children’s Lawyer and the Public Guardian and Trustee. 

Danielle resolves disputes in a practical and cost effective manner, using alternative dispute mechanisms (mediation) and appears regularly in the Ontario Superior Court of Justice, as well as the Ontario Court of Appeal.

Experience

  • Represented a party on a novel case involving the administration of  mutual wills;
  • Successfully represented a guardian in a high conflict case involving safety of an incapable person and separation of marriage;
  • Successfully represented clients to defeat a windup of a not for profit  corporation holding multi-million dollars lands, and obtain approval of a proposed buyout; 
  • Successfully argued that a property belonged to the Estate based on principles of will interpretation and defeated an unjust enrichment claim; 
  • Successfully represented a wife to extend the time for her Family Law Act election on death of her husband and is currently under appeal;
  • Successfully represented a guardian for property in the approval of a management plan containing an inter vivos trust, which was opposed on the basis it was a Will substitute; 
  • Successfully varied a large multi-million testamentary trust where Office of the Children had an interest;  
  • Successfully represented the plaintiff in obtaining a multi-million-dollar equalization advance from an estate.
  • Successfully represented an institutional trustee on a multi-day hearing on a contested passing of accounts.
  • Successfully represented the Estate Trustee against a creditor of a beneficiary who was seeking standing on a passing of accounts.

Beyond our Walls

Professional Involvement

  • Member, The Advocates' Society
  • Certified Specialist, Estates and Trusts Law, The Law Society of Ontario
  • Past Chair of the Ontario Bar Association, Estates and Trusts Section
  • Member, Society of Trust and Estate Practitioners (STEP)

Awards & Recognitions

  • Recognized in the 2023 (and since 2015) edition of The Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning).
  • Selected by peers for inclusion in the 2024 (and since 2009) edition of The Best Lawyers in Canada® (Trusts and Estates).

Bar Admission & Education

  • Ontario, 1999
  • LLB, Université Dalhousie, 1998
  • BA (Hons., journalism), Université Carleton, 1994