Capacity is often a key component of estate litigation, especially in the context of guardianship and attorneyship disputes. These fights are, for the most part, heard before the Superior Court of Justice. And yet, there is an administrative board with ‘capacity’ built into the name – the Consent and Capacity Board (“CCB”). What is the […]
Litigation is complicated, and parties sometimes end up getting involved in a multitude of separate, but nevertheless related, proceedings. When this happens, and depending on the circumstances, courts may choose to “link” or “combine” the related proceedings, for the sake of efficiency and overall convenience. Rule 6 of the Rules of Civil Procedure deals with
Personal Service An originating process is the very first document which allows either a plaintiff in an action, or an applicant in an application, to commence legal proceedings. Service of an originating process serves the important function of providing notice of the legal proceeding to those parties involved, and to other persons who could be
Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of
Sometimes original last wills and testaments can become lost or destroyed. But the original is required for an application for a certificate of appointment of estate trustee, or is otherwise needed to establish the authority of the estate trustee(s) or gifts in the will. Rule 75.02 of the Rules of Civil Procedure, RRO 1990, Reg
