Powers of Attorney (POAs) are meant to be protective tools, allowing trusted individuals to make decisions for someone who can no longer manage their property or personal care. But what happens when these documents are signed under pressure, or when a vulnerable adult is persuaded into handing over control to someone who may not have Read More
Since April 2021, the Substitute Decisions Act and the Succession Law Reform Act were amended to permit the virtual execution of wills and powers of attorney documents by videoconference. The Law Society of Ontario (“LSO”) lists the specific requirements for proper remote execution, including the requirement that one witness must be a LSO licensee and all Read More
It is often said that in a court battle there is a winner and a loser. The court must decide which facts and evidence it prefers and which party the law favours. After a decision is made by the judge who heard the application or trial, a party may “appeal” the decision to a higher Read More
Today’s blog post was written by articling student Iryna Huk. On appeal, the court in James Estate (Re), 2024 ONCA 623 (CanLII) affirmed that the Superior Court of Justice has inherent jurisdiction to deny an application to appoint an estate trustee, even if the appointment is supported by the beneficiaries.[1] While courts generally defer to Read More
The importance of service of court documents should not be overlooked, as improper service may result in a party being noted in default, which invariably leads to adverse consequences for a litigant. While service by e-mail has simplified and made the service of documents easier and more convenient in many respects, an originating process, for Read More
