May an attorney for property mix his own funds with that of the incapable person? The short answer is: never. But the consequences for a well-meaning but ill-advised client might not be as dire as we litigators sometimes would expect. In the recent case of Villa v. Villa 2013 ONSC 2202, two brothers, Renzo and Enzo Villa, clashed […]
In a recent decision by the Ontario Court of Appeal, the court turned its attention to a frequently encountered issue in civil litigation: under what circumstances should an action be dismissed for delay by the court following a status hearing? The appellant (plaintiff) appealed a lower court order dismissing the action for delay after a status hearing.
Among the general public, there is a perception that despite being a legal document, creating a will does not require the services of an estate solicitor. There are numerous do-it yourself kits and online services that offer a “fill in the blanks” approach to creating a will. As an estate litigator, I usually see when
In our rapidly aging society, powers of attorney for personal care and property are now widespread and their importance is recognized by the general public. A family member or friend can also apply to the court to be appointed guardian of the person or the person’s property if powers of attorney have not been executed.
Introduction In an earlier edition of Deadbeat,[1] I wrote a case comment on the decision of Greer J. granting partial summary judgment in the Estate of Paul Penna.[2] The decision was appealed. As recently reported in the Ontario Reports, the Court of Appeal (“C.A.”) dismissed the appeal.[3] What follow is a consideration of the C.A.’s
