Archie Rabinowitz | Fraser Milner Casgrain LLP

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Archie Rabinowitz J.D., B.A., Partner

Archie Rabinowitz is certified by the Law Society as a Specialist in Estates and Trusts (Estates Litigation), and is preferred counsel for LawPro, advising on professional negligence cases arising out of estates matters.

With extensive trial and appellate experience, Archie represents trust companies, government agencies and individuals in matters involving contested passing of accounts, the validity of wills, estate claims, breach of trust actions, undue influence claims, interpretation of wills, and the appointment or removal of trustees or guardians. He also deals with the Canada Revenue Agency (CRA) in matters involving voluntary disclosures under the Income Tax Act and rectification/repairs to defective wills and trusts.

In 2008, Archie was the recipient of the Ontario Bar Association’s Widdifield Award. A frequent speaker at conferences and author of numerous articles, he is recognized by leading directories, including Best Lawyers and Lexpert. He has chaired the prestigious Law Society’s Annual Summit on Trusts and Estates since 2008.

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Representative Work

Estate of Ruth Smith; Smith v. Rotstein, 2011 ONCA 491

Estate of Ruth Smith; Smith v. Rotstein, 2010 ONSC 2117

Zimmerman v. McMichael Estate, (2010) 57 E.T.R. (3d) 101; 103 O.R. (3d) 25

Zimmerman v. Fenwick, (2010) 57 E.T.R. (3d) 241

Nugent v. Lang et al. re Binkley Estate, (2009) 50 E.T.R. (3d) p. 44, Application for rectification of will

Balaz v. Balaz, et al., [2009]O.J. No. 1573 (Ont. S.C.J.)

Kaptyn Estate, (2008) 43 E.T.R. p. 219

Goldfarb v. Goldfarb, (2007) 30 E.T.R. (3d) 311 (Ont. S.C.J.), Will interpretation & successful surcharge of executrix personally for costs

Bikur Cholim Jewish Volunteer Services v. Langston, (2007) 29 E.T.R. (3d) 22 (Ont. S.C.J.), [2007] O.J. No. 415 (Ont. S.C.J.), Limitations Act, action against former trustee for defalcation

Re Flaska Estate, [2002] O.J. No. 1072 (Ont. S.C.J.), Surcharge of executors

Re Flaska Estate, (2001) 43 E.T.R. (2d) 42 (Ont. S.C.J.)

Re Flaska Estate, (2001) 39 E.T.R. (2d) 171 (Ont. S.C.J.), Failure by executors to diversify investments - Surcharge action

Leve Estate v. Igel, [2001] O.J. No. 45 (Ont. S.C.J.), Costs against spouse of deceased

Leve Estate v. Igel, [2000] O.J. No. 5670 (Ont. S.C.J.), Surcharge of attorney

Silver Estate v. Silver, (2000) 35 E.T.R. (2d) 287 (Ont. S.C.J.), Variation of Trusts without probate

Leve Estate, [2000] O.J. No. 2072 (Ont. S.C.J.)

Mesesnel (Attorney of) v. Kumer, [2000] O.J. No. 1897 (Ont S.C.J.), Capacity assessment

Leve Estate, [2000] O.J. No. 1532 (Ont. S.C.J.)

Burns v. Shoppers Drug Mart (London) Ltd., [2000] O.J. No. 874 (Ont. S.C.J.), Enforcement of non-competition covenant

Picov Estate, [2000] O.J. No. 682 (Ont. S.C.J.), Surcharge of executor

Blatchford (Litigation Guardian of) v. Gardiner, (2000) 32 E.T.R. (2d) 18 (Ont. S.C.J.), Personal liability of executor

Blatchford (Litigation Guardian of) v. Gardiner, (1999) 29 E.T.R. (2d) 141 (Ont. S.C.J.)

Blatchford (Litigation Guardian of) v. Blatchford Estate, (1999) 45 O.R. (3d) 784 (Ont. S.C.J.), Action by minor not statute-barred

Silver Estate, (1999) 31 E.T.R. (2d) 256 (Ont. S.C.J.)

Meditrust Healthcare Inc. v. Shoppers Drug Mart, A Division of Imasco Retail Inc., (1999) 31 C.P.C. (4th) 260 (Ont. Ct. Gen. Div.)

Doyle v. Doyle Estate, (1998) 22 E.T.R. (2d) 17 (C.A.), Ademption

1033642 Ontario Ltd. V. Rambram Centres Ltd., [1998] O.J. No. 1313 (C.A.)

Granovsky v. Ontario, (1998) 21 E.T.R. (2d) 25 (Ont. Ct. Gen. Div.), Seminal case dealing with use of multiple wills in estate planning

Kane Yee Pharmacy Ltd. V. TDM Drugs Inc., (1997) 17 C.P.C. (4th) 126 (Ont. Ct. Gen. Div.), Franchise litigation

Lipton Estate v. Hivert, [1996] O.J. No. 3616 (Ont. Ct. Gen. Div.)

Greyvest Leasing v. Merkur, (1994) 8 P.P.S.A.C. (2d)203 (Ont. Ct. Gen. Div.)

Federman Estate, [1994] O.J. No. 1088 (Ont. Ct. Gen. Div.)

Zagdanski v. Zagdanski Trust (Trustees of), [1992] O.J. No. 1942 (Ont. Ct. Gen. Div.)

Abeziz v. Harris Estate, [1992] O.J. No. 1271 (Ont. Ct. Gen. Div.)

Hoffman v. Sportsman Yachts Inc., (1992) 89 D.L.R. (4th) 600 (C.A.)

Jo-Emma Restaurants Ltd. V. A. Merkur and Sons Ltd., (1989) 7 R.P.R. (2d) 298 (Ont. Dist. Ct.)

McNamara v. Pagecorp Inc., (1989) 38 C.P.C. (2d) 117 (C.A.)

Re Wolfman Estate, (1989) O.J. No. 1450 (Ont. Surrogate Ct.)

Frisco Bay Group Ltd. v. Martin, [1988] O.J. No. 1404 (S.C.O.)

Goodman and Carr v. Goldstein Estate, [1988] O.J. No. 273 (S.C.O.)

Makarchuk v. Mid Transportation Services Ltd., [1985] O.J. No. 1016 (S.C.O.)

Tidy Car Inc. v. Mr. Gasket Co. et al., (1985) 53 O.R. (2d) 169 (S.C.O.)

Publications

Co-author/Contributing Author,“Solicitor’s Liability, Key Developments in Estates and Trust Law in Ontario”, published by Canada Law Book, 2008, 2009, 2010 & 2011 Editions

Contributing Author, “International Succession”, Oxford University Press, 2010

Author, “Plene Administravit: Obscure but not Obsolete”, 28 Estates Trusts and Pensions Journal 110, 2009

"Gratuitous Transfers of Assets from Parent to Child", Trusts & Trustees, Vol. 14, No. 7, p. 497, Oxford Journals, Oxford University Press, September 2008

Author, “Trustee Exemption Clauses: Redundant or Required?”, 26 Estates Trusts & Pensions Journal 163, 2007

Prior Speaking Engagements

Co-chair Annual Estates and Trusts Summit, Sponsored by the Law Society of Upper Canada, 2008, 2009, 2010 and 2011

“Interpretation Applications”, Practice Gems - Administration of Estates Seminar, Sponsored by the Law Society of Upper Canada, September 14, 2011 and October 31, 2011

“Dependant’s Support Application: Trial or Application Hearing” - The Dependants’ Support Application: from Notice of Application to Trial, Sponsored by Ontario Bar Association, September 27, 2011

"Effective Risk Management for Estate Solicitors", The Advanced Intensive Program in Wills, Estates and Trusts, Sponsored by Osgoode Professional Development, March 26, 2010

“Trustee Exemption Clauses”, STEP Canada 9th National Conference, Sponsored by STEP - Society of Trusts and Estate Practitioners, June 2008

“The Majority Decision Clause and the Duty to Consult”, Emerging Trends in Estates & Trusts: What Does the Future Hold? Sponsored by the Ontario Bar Association, April 2, 2008

“Dependant Support Claims in the Context of the Broken and Unwed Family”, The Estate Plan: Dynamic or Dynamited? Sponsored by the Ontario Bar Association, February 5, 2008

“Discovery Process - A Focus on Early Resolution of Estate Disputes”, 10th Annual Trusts & Estates Summit Day Two, Sponsored by the Law Society of Upper Canada, November 6, 2007

“The Role of the Estate Trustee v. The Role of the Lawyer”, The Lawyer as Estate Trustee, Sponsored by the Law Society of Upper Canada, September 20, 2007

“What a Mediator Wants to See in a Brief”, Estate Administration for Law Clerks, Sponsored by the Law Society of Upper Canada, June 13, 2007

“The Lawyer as Witness”, The Will Challenge: From Notice of Objection to Trial, Sponsored by the Ontario Bar Association, March 1, 2007

“Passing of Accounts - A Comprehensive Overview”, Gone...But not Forgotten, Sponsored by the Ontario Bar Association, February 6, 2007

“The Role of the Estate Trustee v. The Role of the Lawyer”, Practice Gems - Passing of Accounts, Sponsored by the Law Society of Upper Canada, September 27, 2006

“Using & Challenging the Use of Joint Ownership”, Splitting Heirs, Sponsored by the Ontario Bar Association, February 4, 2005