A recent Ontario case, R. v. Ehrhardt, 2025 ONSC 6850, highlights the serious consequences of misusing a power of attorney. A power of attorney comes with fiduciary duties, and those acting in this capacity are required to act in the best interests of the grantor. However, as this case shows, if that responsibility is abused, […]
In estate planning, a testator can gift assets under a will, but there are also ways to arrange a testator’s affairs so that assets pass outside of the will and directly to the intended beneficiary. This includes beneficiary designations on investment accounts, and possibly, assets that are jointly held with the testator and another person. Such
The impact AI has on the legal practice continues to evolve and be examined by the Court. While arguably a useful tool in some instances, the Court has yet again warned counsel of the risks of using AI in written materials filed, and its patience is wearing thin. In the recent case of Kapahi Real
In estate litigation costs awards follow the “loser pays” principle. This means that generally the party who is unsuccessful in court will be ordered to pay a portion of the successful party’s costs. (There are factors that the court will consider that could deviate from the “loser pays” principle, such as where the litigation is
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
