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When Joint and Severally Appointed Attorneys Disagree: How the Court Resolves Conflict Under a Power of Attorney
A grantor may appoint more than one person as attorney under a power of attorney and may specify whether those attorneys are to act jointly or “jointly and severally”. Where attorneys are appointed jointly, they must make decisions together and are collectively responsible for each other’s actions. By contrast, a joint and several appointment permits…read more
de VRIES LITIGATION’S Top 5 Blog Posts of 2025
The lawyers and articling students at de VRIES LITIGATION write two articles each month. The articles are shared by email and on social media. In 2025, these were the top five articles from the de VRIES LITIGATION blog. Solicitor-Client Privilege and Beyond – de Vries Litigation: What happens when a client dies? What becomes of…read more
Substantial Compliance
On January 1, 2022, Ontario moved away from being a strict compliance jurisdiction and towards a substantial compliance jurisdiction. This trend follows suit of many of Ontario’s provincial neighbours, such as British Columbia, Alberta, and Manitoba, among others. The change results from the introduction of section 21.1 of the Succession Law Reform Act (“SLRA”), which…read more
Reasons for Exercising Discretion
In a discretionary trust, the trustees are given complete discretion concerning distributions of income or capital. The trustees may have the discretion to choose the timing of the distributions, as well as the recipients, amounts, and conditions of the distributions. The trustees may also have the discretion to exclude any one or more of the…read more
Does having a Life Interest in a Property include the Right of Exclusive Possession?
After someone dies, the questions can sometimes become: who is allowed to live in their house? While the answer may be more straightforward for married spouses or for houses owned in joint tenancy, for example, that may not always be the case for common law spouses where legal title to the deceased person’s house was…read more
Pizzi v. Nouini Estate: Discovery in Estate Litigation
Today’s blog was written by Iryna Huk In Pizzi v Nouini Estate, 2025 ONSC 4974, the applicant, challenged his late wife’s will and several property transfer that she made prior to her passing. He believed that her sister, niece, and son (the respondents) benefited improperly from those transactions. The litigation has been underway since 2023,…read more
Enforcement of Foreign “Guardianship” Orders
In today’s international economy, it is not uncommon for a person to have assets in many countries. However, this gets complicated when a person becomes incapable of managing their property. Until the recent case of Fisher v. Danilunas, 2025 ONSC 4359, there has been little guidance regarding the enforcement of foreign orders relating to a…read more
The Legal Risks of Secret Trusts
In Ontario, any trust that is intended to take effect upon a person’s death must typically be in writing, as it forms part of the will. According to the Succession Law Reform Act, a will must be in writing to be valid – and this includes any trusts it incorporates. Once a will is probated,…read more
Changes to the Jurisdiction of the Small Claims Court
New changes that expand the jurisdiction of the Small Claims Court are coming into effect on October 1, 2025. Known as the “People’s Court”, the Small Claims Court is a branch of the Superior Court of Justice that hears civil matters within certain monetary limits. Currently, the court has authority to hear most civil matters…read more
When Powers of Attorney Cross the Line
Powers of Attorney (POAs) are meant to be protective tools, allowing trusted individuals to make decisions for someone who can no longer manage their property or personal care. But what happens when these documents are signed under pressure, or when a vulnerable adult is persuaded into handing over control to someone who may not have…read more