I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these […]
When executing a Will, one of the requirements is that two different people witness the testator sign the Will and then sign the will themselves as witnesses. This seems fairly straightforward, right? For example, where someone uses a lawyer to assist them with drafting their Will and visits the lawyer’s office to execute the Will,
When the court appoints a guardian of property or guardian of the person the court must make a finding of incapacity (ss. 25(1) and 55(1) of the Substitute Decisions Act, SO 1992, c 30 (the “SDA”). Often parties will obtain or seek to obtain a formal capacity assessment to provide to the court as evidence
When a decision does not go your way, it can be tempting to march straight to the Ontario Court of Appeal to…well, appeal the decision. However, the Ontario Court of Appeal is not an easy second kick at the can. The court will only review a decision if there is a question of fact, law,
Litigation can be a costly, time consuming and stressful process for the parties involved. When faced with the prospect of a lengthy trial in backlogged courts, with an uncertain outcome at trial, parties can look for alternative paths to resolving their disputes. In estate disputes, parties may agree, and in some judicial regions of Ontario,
