Eric N. Hoffstein | Fraser Milner Casgrain LLP

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Eric N. Hoffstein LL.B., B.Sc., TEP, Partner

Eric practices corporate and commercial litigation and dispute resolution with a special focus on trust, estate and charity/not-for-profit law, and construction and real property disputes. Eric has appeared as counsel at all levels of Ontario courts and at the Supreme Court of Canada.

Eric appears regularly before the Toronto Estates List. His broad experience in trust and estate disputes includes passing of accounts, will challenges, guardianships, dependant relief applications, interpretations, variations, rectifications, and related proceedings.

Eric's experience in construction, real property and commercial leasing disputes includes construction lien and trust claims, professional negligence, product liability, mining, land rights, boundary, and mortgage enforcement proceedings.

As a corporate/commercial litigator, Eric has helped clients with fraud investigation and recovery, shareholder disputes, oppression remedies, debt collection, foreign judgment enforcement, and risk management advice for private companies.

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Representative Work

Counsel to an institutional trustee in an interpretation application to determine the class of beneficiaries of a family trust

Counsel to a charity providing subsidized housing in a mediation/arbitration to resolve a dispute over a tripartite agreement concerning operating expenses for shared facilities in a residential housing complex

Advised and represented a receiver/manager/trustee responding to multiple lien actions in a major condominium/resort development project

Obtained multiple vesting orders to correct several decades of complex off-title transactions

Member of defence counsel team for municipality in fatal aviation accident case involving multiple multi-party claims. Responsibilities include drafting pleadings and other court documents, file and document management, coordinating research and investigation activities, reporting to clients and planning litigation strategy with senior counsel

Member of defence counsel teams for municipal and individual property owners in several multi-party construction lien actions. Responsibilities include overall carriage of file, document management, party and witness examinations and various court appearances

Member of defence counsel team for pharmaceutical company in multiple class-action claims in product liability case. Headed Canadian document management team responsible for organizing and reviewing approximately 15 million documents and addressing privilege, confidentiality and relevance issues

Publications

E.N. Hoffstein and J.D. Oelbaum, Preparation of Powers of Attorney and Wills to Withstand Attack in LSUC Special Lectures 2010: A Medical-Legal Approach to Estate Planning and Decision Making for Older Clients (Toronto: Irwin Law, 2011) 249 (Paper presented to the LSUC in a panel discussion moderated by T. Youdan, April 15, 2010)

Contributing author to Canadian law chapter, "Getting the Deal Through – Air Transport 2011" (published in October 2010)

E.N. Hoffstein, “Costs awards in estate litigation reflect ‘loser pay’ principle” The Lawyers Weekly (April 9, 2010) 10

E.N. Hoffstein, “Passing of Accounts 101” (June 2008) The Litigator 23

E.N. Hoffstein, “Purcell v. M.R.S. Trust Co.: Raising More Questions Than Answers” (October 2005) Vol. 24, No. 1 Deadbeat 2

Prior Speaking Engagements

Trust, Estate & Charity/Not-For-Profit Law

Presenter, "Working with an Aging Population", presentation to legal staff at several major Canadian financial institutions, May 1, 2012

Presenter, "Multi-Jurisdictional Disputes in Trust and Estate Litigation", American Bar Association, Section of Real Property, Trust and Estate Law, Litigation, Ethics and Malpractice Group quarterly conference call, January 18, 2012

Presenter, "Personal Liability of Trustees", LSUC 14th Annual Estates and Trusts Summit, November 9, 2011

Presenter, “Tips & Traps in Working with Powers of Attorney for Property”, presentation to the Legal/Compliance Group for a major Canadian financial institution, July 13, 2011

Presenter, “Case Studies in Working with an Aging Population: Advising the Elderly Client”, presentation to Investors Group, May 11, 2011

Presenter, "Post-Mortem Alterations to Wills and Trusts: A Litigator’s Perspective", LSUC 13th Annual Estates and Trusts Summit, November 18, 2010

Presenter, "Proving a Will in Common Versus Solemn Form", LSUC Practice Gems: Probate Essentials 2009, September 17, 2009

Presenter, Guardianship applications: practice and procedure, presentation to a major Canadian financial institution, February 10, 2009

Presenter, "The Vulnerability of Pre-Death Gifts", LSUC 11th Annual Estates and Trusts Summit, November 20, 2008

Presenter, “Dealing with Difficult Situations: The Aging Client”, presentation to Investment Planning Counsel Branch Managers Conference, April 7, 2008

Co-chair, “Emerging Trends in Estates and Trusts: What Does the Future Hold?”, OBA, April 2, 2008

Presenter, "Pre-Trial Considerations in the Context of Contested Applications to Pass Accounts", OBA program “Passing of Accounts: Getting Cost Effective Results Seminar”, November 29, 2007

Presenter, "The Legal Bases for Challenging the Will", OBA program “The Will Challenge: From Notice of Objection to Trial”, March 1, 2007

Presenter, "To Act or Not to Act: Vexing Issues Facing Trustees", OBA Institute, January 23, 2006

Presenter, “The Impact of Anti-Terrorism Legislation on Canadian Charities”, presentation to Sick Kids Hospital Foundation, October 7, 2002

Construction, Real Property and Corporate/Commercial Litigation

Presenter, “Tips and Traps for Selling to a Construction Project”, client presentation, August 19, 2011

Presenter, “Contract Risk Management”, Institute of Internal Auditors, May 6, 2011

Presenter, “Introduction to Construction Liens”, presentation to Real Estate solicitors, December 17, 2009

Presenter, "Take Control of Documents before they Take Control of You: Being Litigation-Ready in the Age of Electronic Documents", presentation to Lexpert/CCCA conference, June 2008

Presenter, “Vesting Orders and Construction Liens”, presentation to Real Estate solicitors, March 10, 2008

Presenter, “From Doubts to Dollars: Recognizing and Responding to Corporate Fraud”, client presentation, May 8, 2007

Presenter, “Challenges & Implications of Transferring Property into Joint Ownership”, presentation to Real Estate solicitors, February 22, 2007; presentation to litigators, October 24, 2006