Richard Worsfold

Richard is pleased to bring his over 30 years of litigation experience to Mills & Mills LLP as Partner.

Richard’s practice includes a wide variety of complex matters, including Will challenges, shareholders’ rights disputes, traffic fatality cases, incapacity issues and wrongful dismissal claims.

Richard concentrates his practice in Estate Litigation and Commercial Litigation.  Richard takes a practical and efficient approach to litigation, attempting to move disputes quickly to resolution.  Richard is a firm believer in the mediation/negotiation process but where settlement has not been possible, Richard has appeared in Ontario Courts at all levels.

Richard is also a trained mediator and offers his services as mediator to individuals and counsel in the Greater Toronto Area.

Recent Court Decisions

Kates Estate, 2020 – Decision following a Superior Court of Ontario trial. Successfully defended a will challenge on behalf of a group of 20 charities who were beneficiaries of the Estate, rebutting allegations of lack of capacity and undue influence.

Wong v. Li, 2020 – Superior Court of Justice trial. Successfully defended action alleging breach of fiduciary duty, conspiracy and fraud. Action dismissed with costs in favour of our client.

Martin v. Martin (Martin Estate), 2018 – Superior Court decision clarifies the issue of the evidentiary threshold requirement for Will challengers.

58 Cardill Inc. v. Rathcliffe Holdings et al, 2017 – Superior Court decision with respect to interpretation of a mortgage and enforceability of three months’ interest penalty clause.

58 Cardill Inc. v. Rathcliffe Holdings et al., 2018 – Court of Appeal decision upholding the Superior Court decision.

Arrow ESP Norway v. Tian, 2017 – Court of Appeal decision upholding decision regarding tracing of funds in international e-mail fraud matter.

Mishev v. Shah, 2016 – Superior Court trial decision dismissing claim alleging fraud against mortgagee.

Articles

• Deposing the misbehaving estate trustee
• Mediation plus arbitration a one two punch
• Relief for dependents left out of the will
• Early mediation requirements buried under backlog
• Employers taking creative approaches to mitigation
• YouTube and broadcasting: Applying Libel and Slander Act to Internet
• Pre-Retirement Death Benefits available to satisfy a Dependant’s Relief Claim
• Getting pre-retirement death benefits when left out of the will
• Three months’ interest penalty – is it payable?
• Undue influence and testamentary fraud: both sides of the coin
• Laying the groundwork for admission of expert evidence
• Deciding when duties of power of attorney start
• Ad hoc fiduciary duties and equitable fraud
• The importance of keeping good notes
• Will Challenge Litigation Costs: When Should You Team Up?
• How Close is Close Enough?
• Mediation in the Age of Zoom – is there any going back? 

Media

Interview with CBC

Other Links

Mediator Dates
Pelham Avenue Fire Class Action Notice