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Beware of AI

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 […]

Court Procedure, Estate Litigation

Offers to Settle and Costs Awards

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

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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

Power of Attorney

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

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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

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