In Canada, at the end of a court proceeding, a judge will often order one party (usually the loser) to pay a portion of the other party’s costs. Costs are awarded at the judge’s discretion. As set out in s. 131 of the Courts of Justice Act, RSO 1990, c C.43: “… the costs of […]
When an elderly parent loses the ability to make financial or care decisions on his own, families often rally together. The adult children may find they are able to execute financial and care decisions for their parent on an informal basis, and this informal management will continue until a bank or medical facility refuses to
The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the
In many estates, the family home is the most valuable asset. It can also be the most costly to maintain – mortgage payments, utilities, property taxes, and insurance all have to be kept current until the house is sold. Unfortunately, selling the deceased’s house is a lot more complicated when there is someone living in
At the end of litigation, the unsuccessful party is usually ordered to pay part of the legal fees of the winning party. The ever-present threat of having to pay costs to the winning party can act as a powerful disincentive for making groundless or unsubstantiated claims. The risk of being on the wrong end of
