David M Smith

David M Smith
Hull & Hull LLP
Estates & Wills & Trusts

David Morgan Smith, a partner with the Toronto law firm Hull & Hull LLP, focuses on estate litigation.

He graduated with a Bachelor of Arts (Hons) in political science from Western University in 1989 before earning his Bachelor of Laws from Queen’s University in 1992. Mr. Smith was called to the Ontario Bar in 1994. In addition, he completed the intensive trial advocacy workshop at Osgoode Hall Law School in 1998.

Mr. Smith handles matters involving estates, trusts, capacity, and fiduciary litigation, and maintains a mediation practice through Hull Estate Mediation Inc.

He is a guest lecturer for the Law Society of Ontario and the Ontario Bar Association, and from 1998 to 2005, Mr. Smith was an instructor for the Ontario Bar Admission Course for estates and trusts.

He is a member of the Society of Trust and Estate Practitioners, the Ontario Bar Association, trusts and estates section, and the Toronto Lawyers Association.

David M Smith Posts

Corroboration needed when making claim on estate: Smith

A recent case reinforces the fact that hearsay statements are inadmissible in court when it comes to making a claim on an estate, says Toronto estate litigator David M. Smith, who represented a man who was granted a motion for summary judgment to dismiss a challenge that he was unjustly enriched. Read more

‘Knowledge and approval’ will challenges tough to prove: Smith

Litigants face an uphill battle when challenging a will on the basis of the testator’s lack of knowledge and approval, says Toronto estate litigator David M. Smith. Read more

A special needs child requires special planning

By David M. Smith Approximately 1 in 66 Canadian children were diagnosed with Autism Spectrum Disorder in 2018. Autism is just one of many developmental disorders that children are diagnosed with each year. Read more

Where there’s a will to contract, there’s a contract to will

By David M. Smith In researching common errors in will drafting, we recently stumbled (as one often does through research) on the following question: In the case of mutual wills, what happens in the event of remarriage? Read more

Issue estoppel and passing of accounts

Executors or guardians passing accounts may be able to rely on the doctrine of issue estoppel — which precludes the relitigation of issues that have been conclusively determined in a prior proceeding — to prevent the process from getting out of hand, says Toronto estate litigator David M. Smith. Read more

Estate planning defence possible for targets of fraudulent conveyance claims

An estate planning defence is a potentially viable option to defend a claim of fraudulent conveyance, Toronto estate litigator David M. Smith tells AdvocateDaily.com. Read more

Testing the waters of s. 72(1)(d) of the Succession Law Reform Act

By David M. Smith and Nick Esterbauer . Many of our readers will be aware that on an application for dependant’s support under Part V of Ontario’s Succession Law Reform Act , certain property that may not be considered an asset of the deceased’s estate can be “clawed back” into the estate for the purposes of considering and funding an award of dependant’s support. Subsection 72(1)(d) provides that “a disposition of property made by a deceased whereby property is held at the date of his or her death by the deceased and another as joint tenants” shall be deemed to be part of the estate. Read more

Smith brings cool head to estate litigation

Problem-solving is the name of the game for Toronto estate litigator David M. Smith . Read more

Resealing of foreign orders appointing guardians

By David M. Smith and Yasmin M. Vinograd . In some cases, an incapable person residing outside of Canada has assets in Canada. Can a guardian appointed outside of Canada have access to the incapable’s Canadian assets? By extension, would a guardianship order made outside of Canada be recognized in Ontario? Read more

Supreme Court of Canada clarifies unjust enrichment test

A ruling by the Supreme Court of Canada offers clarity on the test for unjust enrichment, <... Read more

Hull on Estates – challenging the will of a living person

By Hull & Hull LLP . On Hull on Estates, David Smith and Moira Visoiu discuss the circumstances in which you may be able to challenge the will of a living person, and look at the case of Gironda v. Gironda. Visit Toronto Estate Law Blog to Listen Read more