If an individual whose capacity is in issue in proceedings under the Substitute Decisions Act (“SDA”) does not have counsel, the court may direct the Public Guardian and Trustee (“PGT”) to arrange legal representation for that person. Pursuant to section 3 of the SDA, the alleged incapable person is deemed to have capacity to retain […]
OoooooooooOOO! It is the scariest clause around; more frightening to beneficiaries than a killer Santa “clause”. Also called a no-contest clause, an in terrorem clause translates literally to “in fear” in Latin. In the estate planning context, it is a clause which forces or prohibits beneficiaries from doing something, using the fear of a loss
Anybody with a sibling can tell you. Nobody gets under your skin quite like a brother or a sister can. When it comes to care in their old age, many parents will name multiple children as their attorneys for property or personal care. The sentiment is understandable. Parents may not want certain children to feel
Generally, a court proceeding is categorized as either an action or an application. Both actions and applications end with a judge making a decision (judgment); however, an action concludes with a trial and live witnesses and an application is conducted by way of a ‘paper trial’ (i.e. no live witnesses). In both cases, judges will
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
