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Yan David Payne, Certified Specialist in Civil Litigation
EXPERIENCE YOU CAN RELY ON
We have successfully acted for estate trustees, beneficiaries, executors, and individual family members in a broad range of disputes.
Payne Law can assist you with complex estate disputes and family litigation matters including:
- Breach of trust
- Partition and Sale of Property
- Challenges to wills
- Estate administration disputes
- Lack of capacity disputes
- Will and trust interpretation disputes
- Applications to appoint or replace an Executor/Estate Trustee
- Power of Attorney and Guardianship disputes
While the vast majority of our will challenges and estate litigation matters ultimately settle prior to trial, we also thrive in Court setting:
[2025] Cost Endorsement for Pace et al. v. Pace, 2024 ONSC 6741
On April 29, 2025, Justice Emery released his cost endorsement in favour of firm clients relating to his earlier decision in Pace v. Pace, 2024 ONS 6741. Yan David Payne and Pratik Batta secured $40,000.00 cost award against sibling in bitter Power of Attorney and Estates dispute leading to Orders for passing of accounts. Court agreed with Mr. Payne that the conduct of the responding sibling unduly lengthened the proceedings and that the cost award is fair, reasonable, and appropriate in the circumstances. See Justice Emery’s April 29, 2025 Cost Endorsement: F-costs-endorsement-emery-j-pace-et-al-v-pace (1)
[2024] Pace v. Pace, 2024 ONSC 6741
In Pace v. Pace, 2024 ONSC 6741 , Yan David Payne secured an order following a formal hearing under the Substitute Decisions Act requiring a Power of Attorney to provide an accounting of funds removed from her mother’s bank account, to prepare accounts related to management of her mother’s funds and assets, and to commence an application to pass such accounts within 60 days. This was a bitter dispute with application and cross-application leading to a substantial cost award in favour of firm clients (see above)
Nguyen v. Tong, Court File No. CV-22-895 [2022]
In Nguyen v. Tong, Court File No. CV-22-895 [2022], litigator James Clark secured an Order for the partition and Sale of property occupied by client’s family members despite bitter opposition and subsequently managed the sale and secured proceeds on behalf of firm client.
Inniss v. Blackett, Ontario Court of Appeal, 2022 ONCA 166
In Inniss v. Blackett, Ontario Court of Appeal, 2022 ONCA 166, the Ontario Court of Appeal panel, headed by Chief Justice George Strathy, unanimously sided with firm litigators Mr. Payne and Mr. Clark, in an appeal involving beneficial ownership of a jointly-owned family property, partition and sale, and claims of resulting trust and constructive trust. The Ontario Court of Appeal panel awarded costs of $9,500.00 in favour of our clients. This was following the firm’s Superior Court trial success is securing an interest in the property and trial cost award of $35,000.00, see July 6, 2020 Judgment of Justice Faieta.
Yong Zeng et al. v. Yu Zeng et al., Court File No. CV-21-00003386-00000
In Yong Zeng et al. v. Yu Zeng et al., Court File No. CV-21-00003386-00000, we secured an Order for particulars and inspection of records prior to filing Statement of Defence in bitter family dispute over property. Court confirms our client’s entitlement and awards $7,000.00 in costs against Plaintiff. Plaintiff’s conduct delays own action by over one year.
In Dai v. Dai et al. litigator Yan David Payne took over carriage of high stakes family dispute, successfully appealing and overturning controversial decision dealing with disclosure of sensitive personal documents to opposing family member. Court agrees with firm submissions and arguments, awarding costs against the Respondent. Respondent represented by partner in Bay Street firm and Osgoode Hall Law School professor.
Estate Litigation and family disputes can be difficult and emotional. You require trusted advice that is both practical and effective. You can trust Payne Law to provide you with reliable representation during what can be a very challenging time. We have the expertise required to help you navigate these complex issues and procedures.
We look forward to working with you,
Yan David Payne
Certified by the Law Society of Ontario as a Specialist in Civil Litigation
Certified Civil Litigation Specialist, Family and Estates Court Lawyer
Top Wills and Estates Litigators in Toronto
Top Wills and Estates Litigation Lawyers
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