Background

Danny is a partner in the Toronto office of Borden Ladner Gervais LLP. He is National Chair of the Estate and Family Law Litigation Focus Group.

He completed the Osgoode Hall Intensive Trial Advocacy Course in July, 1996.

He was called to the Ontario Bar in 1993, having graduated from Queen's University, Faculty of Law in 1991.

Prior to that, he obtained a BA (Honours) from the University of Toronto.

Areas of Practice

• 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, and the conduct of mediation
• insurance defence, commercial litigation and family law

Recognitions and Rankings

• Granted a Specialist Certificate in Estates and Trusts Law by The Law Society of Upper Canada
• Selected by peers for inclusion in The Best Lawyers in Canada 2012 (Trusts and Estates)

Noteworthy Cases

• 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 CIBC Trust Corporation, as proposed co-guardian of property, in obtaining approval of a Management Plan which contains in the first instance certain limitations of liability, along with the ability of each co-guardian to engage independent counsel and obtain full indemnity for legal fees and an increased care and management fee: Abrams v. Abrams et al (August 5, 2011), Court File No. 03-003/08 (O.S.C.J.)
• acted as agent for the Office of The Children's Lawyer in: rectifying a testamentary trust thereby preserving the benefit of that $22M trust and ensuring that $17M in gifts, which would otherwise have failed, did not fall in residue; and, as regards the timing and manner of liquidation of a holding company, redemption of certain preference shares and re-payment of intercompany loans: Re Estate of John Johannes Jacobus Kaptyn (August 6, 2010), Court File No. 05-40/07 (O.S.C.J.)
• acted for executrix in establishing the right of an 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 20, 2010), Court File No. 01-0046/07 (O.S.C.J.)
• acted for applicant in obtaining an order for an assessment of capacity in guardianship proceedings under the Substitute Decisions Act : Kischer v. Kischer et al (January 9, 2009), Court File No. 03-96/08 (O.S.C.J.)
• acted for hospital foundation in seeking removal of executor over conduct of an estate administration: St. Joseph's Health Care Centre v. Dzwiekowski (2007), CarswellOnt 7642; O.J. No. 2619 (S.C.J.)
• acted for The Bank of Nova Scotia 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] O.T.C. 536 (S.C.J.)
• 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 E.T.R. 217; 81 O.R. (3d) 349 (S.C.J.)
• acted for school board in having cy-pres doctrine applied to obtain benefit of educational trust fund for students of amalgamated board: Abercrombie Estate v. Etobicoke Board of Education (2004) 6 E.T.R. (3d) 1 (O.S.C.J.)
• acted for the applicants/appellants in obtaining dependant's relief which increased the benefit to be received by an adult child, with a serious deteriorative illness, and in which the S.C.C.'s decision in Tataryn was first applied in Ontario : Cummings v. Cummings (2003), 5 E.T.R. (3d) 81 (S.C.J.); (2004), 69 O.R. (3d) 398 ( C.A. ); leave to S.C.C. 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 O.R. (3d) 744; 43 R.F.L. (5th) 25; 3 E.T.R. (3d) 38 (S.C.J.)
• 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 21, 2002), Court File No. 99-CU-78680; and, on appeal of costs award: (2004) CarswellOnt 3888 [2004] O.J. No. 3921 (C.A)
• acted for Salvation Army, APEC and War Amps in establishing that signs or symbols were effective to create a testamentary disposition in favour of the charities, and so avoid an intestacy: Urquhart Estate v. Urquhart (2000), 182 D.L.R. (4th) 249 (O.C.G.D.)
• 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 23, 2000), Docket C33741 (Ont. C.A. )
• acted as co-counsel for the respondent trustee in the lower Court, and Divisional Court on appeal, to set aside an Order which broke a trust and have significant assets returned to an estate; case established that beneficiaries have right to notice of proceedings affecting their financial interests where an incapable person's Will could not be changed: Weinstein v. Weinstein (Litigation Guardian of) (1997), 35 O.R. (3d) 229 (O.C.G.D.)

Professional Activities

• member of panel discussion on Solicitors' Duty of Care in Preparing Wills, subject to Challenges, at 14th Annual Estates and Trusts Summit (LSUC, November 9, 2011)
• facilitator at workshop on "Rights of Non-Custodial Parents" at LawWorks, Education Law Institute (University of Toronto, OISE, September 23, 2011)
• speaker on ‘Duties of Attorneys for Property: Jurisprudence' at Solicitors as Attorneys, Trustees and Estate Trustees – What You Need to Know (OBA, May 20, 2010)
• speaker on ‘The Outer Limits in Will Challenges' at 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 ( Ottawa : OBA, October 16, 2009)
• author of 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 to date)
• guest blog, ‘Fight or Flight?' on slaw.ca concerning responsibilities of executors (week of August 24, 2009)
• speaker on ‘Implications and Open Questions of Court of Appeal Decisions' in Frye and Serra cases and as a member of panel discussion on "Variations of Trust" at STEP Canada - 11th National Conference (June 18-19, 2009)
• article on, 'A Charitable Beneficiary's Entitlements – Rainy Days and Rainbows' in BLG's Not-for-Profit Newsletter (June, 2009)
• speaker on, 'Entitlement of Support of Adult Disabled Child – from a Parent or Estate' at Family Institute program Everything You STILL Don't Know About Family Law and Are Afraid to Ask! (OBA, February 2, 2009)
• speaker and paper on 'Settlements in Estates' at Civil Litigation Section program The Essentials of Settlements: From Offers to Handshakes (OBA, December 10, 2008)
• speaker on, 'Litigation Involving Intestate Estates' at meeting of Estate and Trust Section (OBA October 7, 2008)
• speaker and paper on, 'The Award of Costs in a Will Challenge' at The Will Challenge: from Notice of Objection to Trial (OBA, March 1, 2007)
• speaker and paper on, 'Unjust Enrichment, Constructive Trust and Quantum Meruit Claims at 9th Annual Estates and Trusts Summit (LSUC, November 2, 2006)
• speaker on ‘Rule 75.1 and the Order Giving Directions' and member of panel discussion on 'How Experienced Counsel Prepare their Clients for Mediation' at joint ADR and Estate and Trust Section program Rolling Over in Their Graves (OBA, February 22, 2006)
• speaker on, 'Aging Donors & Their Unhappy Children: Disturbing Trends in Estate Litigation and How to Effectively Respond to Challenges to Donations and Will Bequests' at program Legal Issues for Hospital Foundations (OHA, October 5, 2006)
• co-author of Chapter on Mental Capacity and Consent in Advising the Elderly Client, with Dr. Michel Silberfeld et al (Butterworths: 2005)
• member of panel discussion on Three Estate Litigation Case Studies, and speaker and paper on 'Strategies in Dependant's Relief Cases' at 7th Annual Estates and Trusts Summit (LSUC, December 2, 2004)
• speaker and paper on, 'Claims Against the Estate: Quantum Meruit, Constructive Trusts and Proprietary Estoppel' at program Estates: Beyond the Will (OBA, October 5, 2004)
• speaker on, 'Mediating Mental Health Disputes' at program Capacity, Consent and Substitute Decisions (LSUC, 2003)
• speaker and papers on 'Types of Disputes' and 'The Estates Rules' at program Estates Law for Mediators, Lawyers, Advisors, Charities and Financial Institutions (Strategy Institute, June 8, 1999)
• co-speaker on 'Lost in the Litigation Forest: Where are the Rights of the Child in the Dispute Process' at Annual ACPD/CALT Conference on the U.N. Convention on the Rights of the Child, with Julie K. Hannaford (Ottawa: June 4, 1998)
• co-author of Family Law in Ontario : A Practical Guide for Lawyers and Law Clerks, with Michael G. Cochrane (Canada Law Book Inc.: up-dates for 1998 to 1999)

Memberships and Appointments

• member of the Society of Trust and Estate Practitioners (STEP)
• member of Association of Contentious Trust and Probate Specialists (ACTAPS) based in U.K.
• member of the Advocates' Society
• member of the Ontario Bar Association (Trusts and Estates Section)
• President of Metropolitan Toronto Condominium Corporation 811 (1997 to date)
• past member of the Executive Committee of the Cabbagetown Tour of Homes