Jared L. Kantor | | | Office | | Bannister Road |
Contact Information | | Phone: (403) 254-3864
Fax: (403) 271-1769
Email:
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Primary Legal Assistant | | Debra Janzen |
Practice Areas | | Estate Litigation Trust Litigation - Disputing Wills (incapacity, undue influence)
- Beneficiaries' Rights
- Mismanagement of Estate Assets
- Dependent Relief Claims
- Dependant Adult Claims
- Adult Interdependent Partner ("AIP") Claims
- Trust Variation Applications
- Trust Claims (Constructive / Resulting Trust Claims)
- Removing Executors from Estate by Court Order
- Injunctions - Freezing Estate Assets
Commercial Litigation Insurance Defence |
Mr. Kantor completed his Law Degree from the University of Saskatchewan in 2003 and was called to the Alberta bar in 2004. Mr. Kantor has conducted trials in Provincial Court and Court of Queen's Bench of Alberta, as well as arbitrations in respect of residential homebuilder litigation. Mr. Kantor has acted in a broad range of civil litigation and estate litigation matters, including injunctions to freeze Estate assets as well as, in specific circumstances, freezing the personal assets of an Executor / Personal Representative pending trial or resolution of the action.
Disputing Wills / Estate Litigation / Trust Litigation
Mr. Kantor has worked extensively over the last number of years with Estate Litigation matters involving a variety of issues:
Representing Beneficiaries
Mr. Kantor represented a client in a Court application with respect to a matter for which the last reported decision of a like kind was in the 1930's. The issue involved shares in a company held by the deceased, and at what date those shares should be valued; namely, at either the date of death, or date of sale. At the date of death, the company was involved in significant litigation, and accordingly, the shares were likely of little value. However, the litigation resolved and two and a half years later, the share value increased considerably. The deceased died without a will, further complicating the issues. Mr. Kantor argued the value of the shares was properly and fairly determined as at the date of death, thereby creating the opportunity for the client to achieve 100% of the shares. The court agreed.
Representing Executors / Personal Representatives
Mr. Kantor represents Personal Representatives sued personally for alleged mismanagement of the Estate assets. At an application heard within weeks of Mr. Kantor's retention, the Court ordered examination of the Applicant alleging misconduct. Following Mr. Kantor's involvement on the file, the matter was resolved within eight months, at mediation, with Personal Representatives not personally paying any amount to the Applicant.Mr. Kantor was also involved in a contentious Estate file which involved numerous beneficiaries, one of whom disagreed with the otehr beneficiaries and the Administrator of the Estate throughout the administration. It was necessary for Mr. Kantor to attend Court on numerous occasions to, among other things, order the sale of the Estate home, provide advice as to the distribution of personal property items, and necessary steps for final distribution of the Estate. Costs were ordered to be paid by the opposing beneficiary in regards to the final Court application.
New Home Builder / Warranty Litigation / Real Estate Litigation
Mr. Kantor has represented several major homebuilders in the Calgary area. Issues have involved contract disputes, toxic mould, home warranty issues, and negligence claims. Mr. Kantor has conducted Alberta New Home Warranty Program arbitrations, primarily for residential home builders in Calgary and outlying communities, as well as for individual homeowners. Mr. Kantor has, on behalf of his clients, applied to the Court to serve title to real estate, compelled a judicial listing and ultimate sale of real estate, and acted in matters where individual(s) claimed an interest in real estate.
Professional and Community Activities
Mr. Kantor is a member of the Canadian Bar Association, and has presented on Estate Litigation matters to the Canadian Bar Association and several of the firm's financial institution clients in 2010 and 2011 in regards to Costs of Estate Litigation.
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