Loans between family or friends is a common practice. These agreements are often free of the interest rates and nexus of paperwork attached to loans provided by financial institutions. While the prospect of helping out a loved one may seem like an attractive opportunity, the informal nature of these loans carries the risk of non-payment. Read More
A CBC news article published last week highlighted a mother’s grief after the death of her daughter because the family could not afford a funeral. Tragically, the body of the deceased daughter was held in a hospital freezer as the morgue was at capacity. While the CBC article mentioned financial assistance available in Newfoundland and Read More
Many testators find it difficult to select an estate trustee for their estates when drafting a will. In some cases, a parent may worry that his or her children are already busy with work and with their own children, and do not want to burden them by naming them as estate trustee (“ET”) in the Read More
Limitation periods should always be on the mind of a litigator. Getting caught on the wrong side of a limitation can derail a lawsuit or court application: no matter how strong your case is, if you are out of time, it won’t even get off the ground. Often the first thing a lawyer will do Read More
The validity of powers of attorney can be challenged on the basis that the grantor was incapable when she signed the power of attorney. The requisite capacity to grant a power of attorney for property is set out in s. 8(1) of the Substitute Decisions Act, 1992, SO 1992, c. 30 (the “SDA”) which provides Read More
