Caroline is a partner with the firm and has been involved in leading business litigation and estate litigation cases. Focusing on commercial and corporate litigation and estates, trusts and capacity litigation, Caroline represents clients ranging from large corporations and institutions to small business owners and professionals. Caroline has appeared as counsel before all levels of courts in Ontario and the Federal Court of Canada. 

Caroline was named one of Canada's 2013 Lexpert® Rising Stars: Leading Lawyers Under 40. She was also selected as a Litigation Lawyer to Watch in Lexpert's 2014 US/Canada Cross-border Litigation Guide. Caroline has been named for the first time in the 2016 Canadian Legal Lexpert Directory for the practice area of litigation–corporate commercial.

As the National Representative (Canada) for the International Association for Young Lawyers and a member of the current OBA Executive, Estates and Trusts Section, Caroline is actively involved in the legal community. She has been an adjunct professor at the University of Western Law School and is a regular speaker on a variety of legal topics. 

In 2017 Caroline was named a Fellow of the American Bar Foundation (ABF). The ABF is an honorary organization of attorneys, judges, law faculty and legal scholars whose careers have demonstrated extraordinary leadership in their communities and legal profession. Membership is limited to one percent of lawyers admitted to practice in Canada with worldwide fellowship limited.

Caroline Abela specializes in complex business and estate litigation matters. In 2013, Caroline was recognized as one of Canada's Lexpert® Rising Stars: Leading Lawyers Under 40.

Caroline is a partner with the firm and has been involved in leading business litigation and estate litigation cases. Focusing on commercial and corporate litigation and estates, trusts and capacity litigation, Caroline represents clients ranging from large corporations and institutions to small business owners and professionals. Caroline has appeared as counsel before all levels of courts in Ontario and the Federal Court of Canada. 

Caroline was named one of Canada's 2013 Lexpert® Rising Stars: Leading Lawyers Under 40. She was also selected as a Litigation Lawyer to Watch in Lexpert's 2014 US/Canada Cross-border Litigation Guide. Caroline has been named for the first time in the 2016 Canadian Legal Lexpert Directory for the practice area of litigation–corporate commercial.

As the National Representative (Canada) for the International Association for Young Lawyers and a member of the current OBA Executive, Estates and Trusts Section, Caroline is actively involved in the legal community. She has been an adjunct professor at the University of Western Law School and is a regular speaker on a variety of legal topics. 

In 2017 Caroline was named a Fellow of the American Bar Foundation (ABF). The ABF is an honorary organization of attorneys, judges, law faculty and legal scholars whose careers have demonstrated extraordinary leadership in their communities and legal profession. Membership is limited to one percent of lawyers admitted to practice in Canada with worldwide fellowship limited.

Significant Cases

Shaw v. Shaw, [2007] O.J. No. 2758 (S.C.J.): was successful in obtaining an anti-suit injunction restraining the plaintiff and defendants by counterclaim from continuing with actions in the United States notwithstanding the defendants were not parties to that litigation.

Shaw v. Shaw, [2006] O.J. No. 1716 (S.C.J.); leave to appeal denied [2007] O.J. No. 73 (Div. Crt): was successful in obtaining an injunction restraining the plaintiff from interfering in or compromising foreign litigation. Also successful in obtaining carriage of the foreign litigation.

Grass (Litigation guardian of) v. Women's College Hospital, [2007] O.J. No. 2918 (C.A.): co-counsel for the intervenor the Children's Lawyer dismissing an appeal to set aside a settlement which was not approved by a judge.

Law Society of Upper Canada v. Canada (Minister of Citizenship and Immigration) (2006), 59 Imm. L.R. (3d) 179 (Fed. Trial Div.): co-counsel for the Law Society of Upper Canada in its attack against the regulation establishing the Canadian Society of Immigration Consultants (an organization responsible for governing immigration consultants).

John Doe v. Institute of Chartered Accountants of Ontario, [2005] O.J. No. 3013: co-counsel to the Institute of Chartered Accountants of Ontario dismissing an application for judicial review.

Uniform Custom Countertops Inc. v. Royal Designer Tops Inc., [2004] O.J. No. 3306 (S.C.J.): successfully set aside an Anton Piller order.

Reported Cases

Reichmann v Reichmann (2015), 48 BLR (5th) 37 (Ont Sup Ct)

Foss v. Foss 2013 ONSC 1345

Orfus Estate v Samuel & Bessie Orfus Family Foundation, 71 ETR (3d) 210, 208 ACWS (3d) 224, 2011 ONSC 3043 (Ont Sup Ct). 

Orfus Estate (Re) (2010), 62 ETR (3d) 290 (ONSC).
 
Law Society of Upper Canada v Canada (Minister of Citizenship & Immigration), 295 DLR (4th) 488, 72 Imm LR (3d) 26, 2008 FCA 243 (FCA).
 
Former Student of the Institute of Chartered Accountants (Ontario) v Institute of Chartered Accountants (Ontario), 140 ACWS (3d) 1052, 200 OAC 293, 2005 CarswellOnt 3113 (Ont Sup Ct).
 
 

Publications

"A Year in Review: The Far Reach of the IRS in Canada – Foreign Account Tax Compliance Act", WeirFoulds LLP, January 2015 (with Macdonald Allen)

"Litigating Through the Grey Zone: The Law of Testamentary Capacity" in Annual Review of Civil Litigation 2014, Carswell, December 2014

"Tactical summons barrage leads to big indemnity", The Lawyers Weekly, December 2014

"Preservation, Patience and Persistence: The Dilemmas of a Litigator in Estates", WeirFoulds LLP, October 2014

"Canada" in Global Legal Insights - Litigation & Dispute Resolution 3rd Ed., Global Legal Group Ltd, August 2014

"The Recovery of Stolen Assets in Canada: Civil and Criminal Remedies", American Bar Association, Section of International Law 2013 Fall Meeting, October 2013

"Canada" in Global Legal Insights - Litigation & Dispute Resolution 2nd Ed., Global Legal Group Ltd, London, August 2013

"Common Disputes Among Family Business Owners", All In The Family, The Business Link, June 2013

"Retainers and Opening Files", The Six-Minute Estates Lawyer Program, The Law Society of Upper Canada, April 2013

"To Be Or Not To Be? The Question of the Exclusion of Trust Property Upon Marriage Breakdown", WeirFoulds Estate Alert, April 2013

"Crossing the Border or Crossing the Line: How Representing Clients May Harm Them", Lexpert 2012 Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, December 2012

"Hansen Estate: An Expansive Approach to the "Course of Dealing" Test", WeirFoulds LLP, Estate Alert, July 2012

Electronic Documents: Records Management, e-Discovery and Trial (loose-leaf textbook, 2010+), (co-editor and contributing author)

"Putting Your Best Case Forward: Tips for Preparing for a Summary Judgement Motion", WeirFoulds LLP, May 2011

"Key Goals of Examination-in-Chief", The Advocates' Society, Civil Litigation Skills Certificate Program: Effective Examination-in-Chief, March 2011 (with J. Gregory Richards)

"Case Management: Cumbersome, Costly or Crucial", Advocates Quarterly, October 2010 (with Bryan Finlay QC)

"Ontario Rules of Pre-trial Documentary Discovery", 48th AIJA (International Association of Young Lawyers) Congress, Charleston, South Carolina, August 2010 (with Nikiforos Iatrou)

"A Lawyer's Duty to the Court", Advocates' Society, January 2009 (with Robert Bell)

"Bank Fraud: Practical and Legal Repercussions", Credit and Banking Litigation Journal, November 2004

"The Balance Between Privacy and Disclosure of Health Information", Confidentiality of Medical Records, August 1999 (with Peter E. Manderville)

Speaking Engagements

Speaker, "Successful Settlements 2017: Strategies and Tactics For Civil Litigators", Osgoode Hall Law School, March 24, 2017

Panel Member, "Preparing Winning Court Documents (Key Principles: Drafting Proper Affidavits)", The Advocates' Society, Toronto, ON, March 23, 2017

Skilled Instructor, "Cross-Examination: Strategies for Success", The Advocates' Society, Toronto, ON, January 20, 2017

Skilled instructor, "Mastering Winning Discovery Techniques", The Advocates' Society, Toronto, ON, October 31, 2016

Co-presenter, "Disgruntled and Dismissed: How to Prevent and Deal with Damage to your Business Reputation and Assets", CAFE Central Ontario, The Family Business Forum, October 2016

Moderator, "Keeping the Property in the Family: Succession and Heirship", AIJA Half-Year Conference, Chicago, May 18-21, 2016

Speaker, "Residency and Constitution: Attacks on Trusts by the Canada Revenue Agency", presented as part of "Trusts in Family Wealth and the 3D Problem – Is It Child's Play", ABA Section of International Law Spring Meeting, New York, April 12-16, 2016

Skills Instructor, "Mastering Winning Discovery Techniques", The Advocates' Society, October 7, 2014 and October 29, 2015

Panel Moderator, "Game of Thrones: Jousting for Power in the Family Enterprise", American Bar Association Section of International Law, 2015 Fall Meeting, October 22, 2015 

Presenter, "Top Estates Cases of 2014", RBC Trust, July 28, 2015

Co-Chair, "Litigation and Administration of Foreign Trusts Assets", Ontario Bar Association, April 9, 2015

Co-Presenter, "Tips, Tricks and Tragedies: The Law of Privilege", 2015 Professional Development Seminar, WeirFoulds LLP, February 24, 2015.

Presenter, "Top Estates Cases of 2014", The Advocates Society, February 10, 2015

Skills Instructor, "Cross-Examinations: Strategies for Success", The Advocates' Society, January 23, 2015

Presenter, "Essential Tax Issues Every Estate Litigator Should Know", Ontario Bar Association, October 9, 2014 

Presenter, "Insurance Broker's Errors and Omissions Awareness, Attention & Avoidance Seminar", Pro-Form Sinclair Professional, September 24, 2014

Panel Presenter on "Mental Incapacity, Movement of High Net Worth Individuals", AIJA Congress, Prague, August 2014

Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall, July 2012, July 2013 and July 2014

Skills Instructor, "Ready, Set, Litigate", The Advocates' Society, February 25, 2014

Presenter, "Top Estates Cases of 2013", The Advocates' Society, February 20, 2014

Speaker, "Crime and Punishment: An Overview of the Enforcement of the Corruption of Foreign Public Officials Act in Canada", Association of Caribbean Corporate Counsel, Trinidad & Tobago, December 2013

Speaker, "Ontario Bar Association Sunrise Series: Offers to Settle", OBA, November 26, 2013

Mentor, "Practice Makes Perfect", The Advocates' Society, Mentoring Dinner Series, November 2013

Skills Instructor, "Mastering Winning Discovery Techniques", The Advocates' Society, October 8, 2013

Speaker, "The Recovery of Stolen Assets in Canada: Civil and Criminal Remedies", American Bar Association, Section of International Law 2013 Fall Meeting, London, United Kingdom, October 2013

Presenter, The Six Minute Estate Lawyer, The Law Society of Upper Canada, April 24, 2013. Click here for more information.

Presenter, "Top Estates Cases of 2012", The Advocates' Society, February 27, 2013

Speaker, "Natural Disasters and Human Catastrophes: A Global View on How to Prevent, Manage and Litigate Crisis", AIJA, Montreal, November 2012. See here for more information.

Speaker, "How to Avoid Family Litigation After You Die", CAFE Central Ontario, November 6, 2012. See here for more information. Click here for the video.

Co-Chair, "Ready Set Litigate", The Advocates' Society, Upcoming Program, February 2012

Speaker, "Summary Judgment Motions: Persuasive Advocacy - Winning Tactics", Ontario Bar Association, May 2, 2011

Speaker, "Leading Your Case: Opening Statements and Examination-in-chief", The Advocates' Society, March 1, 2011

Speaker, "Ontario Rules of Pre-trial Documentary Discovery: Top Ten Reasons to Choose Ontario for Your Litigation", 48th AIJA Congress (International Association of Young Lawyers), Charleston, SC, August 24-28, 2010

Speaker, "Managing E-Litigation Costs and Timelines", 4th E-Discovery Conference, Toronto, March 2010

Co-Chair, "ReAct Like A Pro", The Advocates' Society, October 2009

Speaker, "Managing E-Litigation Costs and Timelines", E-Discovery Conference, Calgary, 2008

Awards & Recognition

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory.

Named as Litigation Lawyer to Watch in Lexpert® 2014 US/Canada Cross-border Litigation Guide.

International Association of Young Lawyers (AIJA), 52nd Congress Prague 2014 Past Presidents' Award for Best National Report, Private Client and Immigration Working Session (with Hayley Peglar).

2013 Lexpert®Top 40 Under 40 Leading Lawyer.

Law Society of Upper Canada Award (University of Western Ontario Law School for outstanding cumulative achievement in the top 10 percent of graduating class).

Dean's Honour List (University of Western Ontario for top 15 per cent of the third year class).

Australian Government and Politics Award (Faculty of Law, Bond University).

Shibley Righton Tax Award (University of Western Ontario).

J. Edward Chamberlain Graduation Award (University of Toronto for cumulative achievement in literature).

All Souls Historical Essay Award (University of Toronto for outstanding historical research essay).

Professional Activities

Co-Chair, International Private Client Committee, ABA Section of International Law (September 2016 – Present)

National Representative, International Association of Young Lawyers (AIJA) (August 2016 – Present)

Vice-Chair, OBA Trusts and Estates Law Section (June 2016 – Present)

Secretary, OBA Estates and Trust Section (September 2015 - Present)

Member at Large, OBA Trusts and Estates Law Section (June 2013 – Present)

The Advocates' Society, Sub-Committee on Advocacy and Practice (May 2012 – Present)

Chair, Statutory Review Committee, OBA Estates and Trusts Section (Sept 2014 to June 2015)

Global News Contributor

National Representative (Canada), International Association for Young Lawyers (2010 - 2013)

Co-chair, WeirFoulds Student Committee (2009-2010)

Adjunct Professor, Faculty of Law of the University of Western Ontario, Fall 2008

Judge, Upper Year Moot, Faculty of Law, University of Toronto

Member, Young Advocates Committee of The Advocates' Society (2007-2010)

 

Affiliations

TEP (Trusts & Estates Professional) Designation, STEP Canada

The Advocates' Society

International Association of Young Lawyers (AIJA)

Canadian Bar Association

Ontario Bar Association

American Bar Foundation

Women's Law Association

Women in Capital Markets

 

Partner

Toronto
Direct 416.947.5068
Fax 416.365.1876
cabela@weirfoulds.com

Practice Areas

Litigation

Wills and Trusts
 
Anti-Corruption, Anti-Money Laundering & Regulatory Compliance
Called to the Bar
Ontario, 2002
Education
University of Western Ontario
LL.B. 2000

Harvard Law School Program on Negotiation
2015
Mediating Disputes Workshop

University of Toronto
B.A. 1997
Hons.

Bond University
2000
Exchange Program

Université de Laval
1996
French Program

Awards & Recognition

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory.

Named as Litigation Lawyer to Watch in Lexpert® 2014 US/Canada Cross-border Litigation Guide.

International Association of Young Lawyers (AIJA), 52nd Congress Prague 2014 Past Presidents' Award for Best National Report, Private Client and Immigration Working Session (with Hayley Peglar).

2013 Lexpert®Top 40 Under 40 Leading Lawyer.

Law Society of Upper Canada Award (University of Western Ontario Law School for outstanding cumulative achievement in the top 10 percent of graduating class).

Dean's Honour List (University of Western Ontario for top 15 per cent of the third year class).

Australian Government and Politics Award (Faculty of Law, Bond University).

Shibley Righton Tax Award (University of Western Ontario).

J. Edward Chamberlain Graduation Award (University of Toronto for cumulative achievement in literature).

All Souls Historical Essay Award (University of Toronto for outstanding historical research essay).

Professional Activities

Co-Chair, International Private Client Committee, ABA Section of International Law (September 2016 – Present)

National Representative, International Association of Young Lawyers (AIJA) (August 2016 – Present)

Vice-Chair, OBA Trusts and Estates Law Section (June 2016 – Present)

Secretary, OBA Estates and Trust Section (September 2015 - Present)

Member at Large, OBA Trusts and Estates Law Section (June 2013 – Present)

The Advocates' Society, Sub-Committee on Advocacy and Practice (May 2012 – Present)

Chair, Statutory Review Committee, OBA Estates and Trusts Section (Sept 2014 to June 2015)

Global News Contributor

National Representative (Canada), International Association for Young Lawyers (2010 - 2013)

Co-chair, WeirFoulds Student Committee (2009-2010)

Adjunct Professor, Faculty of Law of the University of Western Ontario, Fall 2008

Judge, Upper Year Moot, Faculty of Law, University of Toronto

Member, Young Advocates Committee of The Advocates' Society (2007-2010)

 

Affiliations

TEP (Trusts & Estates Professional) Designation, STEP Canada

The Advocates' Society

International Association of Young Lawyers (AIJA)

Canadian Bar Association

Ontario Bar Association

American Bar Foundation

Women's Law Association

Women in Capital Markets

 

Called to the Bar

Ontario, 2002

Education

University of Western Ontario
LL.B. 2000

Harvard Law School Program on Negotiation
2015
Mediating Disputes Workshop

University of Toronto
B.A. 1997
Hons.

Bond University
2000
Exchange Program

Université de Laval
1996
French Program