Kelly A. Charlebois

Partner

Toronto

Office

416.595.2632

[email protected]

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Industries & Expertise

Biography

BAR ADMISSION

Ontario, 2001

Education

LL.B., University of Toronto, 1999
B.B.A. (honours), Wilfrid Laurier University, 1994

Languages Spoken

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Kelly Charlebois, an experienced estate and trust litigator, is known for her tenacious advocacy and strategic approach to handling complex cases. As the Leader of Miller Thomson’s National Estates & Trusts Group, Kelly excels in matters involving estates, trusts, and capacity-related proceedings. Her extensive knowledge and experience extends to will challenges, guardianship applications, and breach of trust cases, where she has experience representing high-net-worth individuals, institutions, and charitable organizations. Drawing on a solid background in commercial litigation, Kelly adeptly represents clients in intricate legal disputes.

A sought-after speaker, Kelly is frequently called upon to present at conferences for both national and local associations including the Law Society of Ontario, the Ontario Bar Association, the Advocates Society and the Canadian Association of Gift Planners. Kelly actively contributes valuable insights to the legal community through her publications and editorial roles.

Kelly is actively involved in various professional associations, including the Society of Trust and Estate Practitioners and the Advocates’ Society. Recognized for her exceptional skills, Kelly has been featured in reputable legal directories such as Chambers High Net Worth Guide (Band 1), The Best Lawyers in Canada, Who’s Who Legal and The Canadian Legal Lexpert Directory. With accolades like Benchmark Canada’s Litigation Star designation, Kelly’s prowess in the legal field is widely acknowledged and respected.

Industry involvement

Recognition

The Best Lawyers in Canada – Trusts and Estates, 2015 – 2025
The Canadian Legal Lexpert Directory – Estate & Personal Tax Planning, 2017 – 2024
Benchmark Canada, Litigation Star: Trusts and Estates, 2022 – 2024
Chambers High Net Worth Guide, Private Wealth Disputes – Canada, 2017 – 2024
Who’s Who Legal, Canada Guide – Global Leader; Private Client, 2023
Who’s Who Legal, Canada Guide – National Leader; Canada – Private Client, 2022

Thought leadership

Papers and Presentations

“Litigation Skills Part 1: Advocacy for Estate Litigators”, Ontario Bar Association, April 2024
“Tales from the Trenches”, Canadian Association of Gift Planners Summit, September 2022
“Wealth Planning in a Digital Age”, 23rd National STEP Conference, June 14, 2021
“Making Submissions to the Court”, Estate Accounting and Passing of Accounts, Law Society of Ontario, January 2021
“How Do You Determine Urgency in an Urgent Motion”, 23rd Annual Estates and Trusts Summit, October 2020
“Questions from the Bench”, OBA Essential Evidence Series for Estate Litigators, August 2020
Case Law Update, 22nd Annual Estates and Trusts Summit, October 2019
“Update on Trust Law: Two Recent Cases from the Supreme Court”, Twelve Minute Civil Litigator, Law Society of Ontario, September 2019
“Identifying Tax Issues in Estates and Trusts Mediations”, Ontario Bar Association, April 2019
“Conducting a Dependant Support Trial – Examinations-in-Chief”, The Advocates’ Society, October 29, 2018
“Questions from the Bench”, OBA Essential Evidence Series for Estate Litigators, May 2018
“Planning and Litigation: Financial Products and Their Implications to Your Practice”, OBA Trusts and Estates Law, October 20, 2016
“Building A Successful Solicitor’s Wills and Estates Practice: A Mentorship Event”, OBA Trusts and Estates Mentorship program, October 6, 2016
“Advisors Roundtable on the Planning and Litigation of Closely Held Corporations”: American Bar Association – Section of International Law Fall Meeting, 2015
“Key Advice to Maximize Your Management and Guardianship Plans,” Ontario Bar Association, February 24, 2015
“Offers to Settle,” OBA Sunrise Series, November 26, 2013
Presented to Junior Trusts and Estates Practitioners on various substantive and practice-related issues, October 2013
“Disappointed Beneficiaries, Testamentary Independence and Public Policy,” June 2012
Trustee Compensation: How Much Can an Executor Take? presented at CAGP-ACPDP Conference, April 2011
“Certificates of Pending Litigation”, OBA Conference on Your First Collection II Deadbeat Dilemmas: How to Get Paid, November 19, 2008
Co-Chair, “Your Comprehensive Guide to Will Challenges: A Series”, Ontario Bar Association, August 2021

Other Editorial Contributions

Co-editor, Wealth Matters, Miller Thomson’s Private Client Services Newsletter

Publications

“Family Law Issues in Estate Litigation”, Key Developments in Estates and Trusts Law in Ontario, 2016 – 2017 Edition
“Dependants’ Relief Claims under the Succession Law Reform Act”, Key Developments in Estates and Trusts Law in Ontario, 2015 – 2016 Edition
Miller Thomson on Estate Planning, 2013
Ademption: Beware the Potential Failure of Gifts, Wealth Matters, Spring 2011
Supreme Court of Canada Rules on Joint Account Cases, Wealth Matters, October 2007

Notable matters

Zavet v. Herzog, 2018 ONSC 3398 (successful in limiting claim for interim support and resisting claim for interim costs)
Leon v Leon, 2018 ONSC 5679 (successful in resisting injunction to remove officers and directors and to prevent them from taking certain actions pending trial)
Woolnough v. Dare, 2016 ONSC 4013, affd 2017 ONCA 274 (successful in resisting beneficiary’s attempt to remove Estate Trustees with costs on a substantial indemnity scale)
Woolnough v Dare, 2015 ONSC 6933 (Div. Ct.) (successful in resisting mandatory injunction requiring estate trustees to permit occupancy of cottage property)
Mortgage Investment Corp. of Eastern Ontario v. Szpivak, 2014 Carswell Ont. 6325 (S.C.) (successful in having a professional negligence action dismissed on the basis of the expiry of the limitation period)
Re Grieco Estate, 2013 ONSC 2465 (CanLII) (successful in preventing a $1 million payment pursuant to a settlement agreement from being paid out in priority to contingent creditors)
Faris v. Eftimovksi et al, 2012 ONSC 1126 (CanLII) aff’d 2013 ONCA 360 (CanLII) (successful in having multi-defendant action dismissed for delay)
Babiana v. Dobson, 2012 ONSC 3431 (successful in having action dismissed at a preliminary stage on the basis of it being frivolous, vexatious and an abuse of process)
Re Kaptyn (2010), 102 O.R. (3d) 1 (Ont. S.C.) (represented beneficiary in application for advice and directions on numerous will interpretation issues)
Re Gibbon Estate, 2010 CarswellOnt 3799 (represented Estate Trustee in application for interpretation of various testamentary documents)
Desjardins Credit Union Inc. v. Grenville-Wood, [2010] O.J. No. 226, aff’d 2011 ONCA 512, leave to appeal denied [2011] S.C.C.A. No. 426 (successful action by financial institution for loss sustained in connection with the deposit of a materially altered cheque)
Grey & Bruce Mutual Insurance Co. v. MacKinnon Plumbing & Heating, [2009] O.J. No. 5448 (S.C.J.) (successful motion for summary judgment based on principles of subrogation and equitable contribution)
Kaptyn Estate, Re. (2008), 43 E.T.R. (3d) 219 (successful on trial of issue as to whether testator had testamentary capacity at time of execution of codicil)
Jobsearch Canada Inc. v. Matrix, [2008] O.J. No. 2556 (successful in resisting motion for injunction seeking a prohibition on solicitation)
African Caribbean Grocery Inc. v. 732718 Ontario Inc., [2007] O.J. No. 1575 (successful motion for judgment dismissing the plaintiff’s claim)
Brookfield Lepage Johnson Controls Facilities Management Services Ltd. v. Ontario (Labour Relations Board) (2007), C.L.L.C. 220 (Div. Court) (successful in resisting motion to quash an application for judicial review)
B. (R.) v. Toronto Catholic District School Board, [2006] O.J. No. 3700 (Div. Court) (successful in responding to an application for judicial review of the decision of the respondent school board to conduct an assessment prior to deciding on placement)
Oz Optics Ltd. v. Dimensional Communications Inc., [2005] O.J. No. 2816 (C.A.) (successful in responding to an appeal from a decision allowing an application for enforcement of a foreign judgment and motion for summary judgment)
VW Credit v. Elguindy, [2005] O.J. No. 104 (C.A.) (successful in responding to an appeal to set aside summary judgment)
Garvey v. Meyers. Transport Ltd., [2004] F.C.J. No. 2093 (Fed. Ct.), affirmed [2005] F.C.J. No. 1864 (Fed. C.A.) (successful in responding to application for judicial review of a decision of the Canadian Human Rights Commission)
Sutherland v. Birks (2003), 65 O.R. (3d) 812 (C.A.) (appeal and cross-appeal in an oppression remedy claim); application for leave to appeal to the Supreme Court of Canada dismissed, [2003] S.C.C.A. No. 424

Memberships & affiliations

Society of Trust and Estate Practitioners
Advocates’ Society
Canadian Bar Association
Ontario Bar Association
Toronto Lawyers’ Association
University of Toronto Alumni Student Mentor Program

Kelly A. Charlebois

Industries & Expertise

INDUSTRIES

EXPERTISE

Biography

BAR ADMISSION

Education

Languages Spoken

Team Heading

Insights

Ademption: Beware the Potential Failure of Gifts

News

Miller Thomson celebrates ninth consecutive year earning Band 1 rank in Chambers High Net Worth...

Benchmark Litigation Canada names Miller Thomson lawyers as leading litigators

Industry involvement

Recognition

Thought leadership

Notable matters

Memberships & affiliations

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