As lawyers, we try to encourage our clients to take a reasoned and reasonable approach when it comes to pursuing (or not pursuing) ongoing litigation. There are times when there is no choice but to resolve a dispute in court, and there are times when settlement is the best avenue. However, when and on what […]
Capacity is often a key component of estate litigation, especially in the context of guardianship and attorneyship disputes. These fights are, for the most part, heard before the Superior Court of Justice. And yet, there is an administrative board with ‘capacity’ built into the name – the Consent and Capacity Board (“CCB”). What is the
Sometimes original last wills and testaments can become lost or destroyed. But the original is required for an application for a certificate of appointment of estate trustee, or is otherwise needed to establish the authority of the estate trustee(s) or gifts in the will. Rule 75.02 of the Rules of Civil Procedure, RRO 1990, Reg
Selecting your attorney for property is not a decision to be taken lightly. An attorney for property is a fiduciary, holds a position of trust, and can do anything with your money and property that you could do yourself , except make a Will. Needless to say, your attorney should be trustworthy, financially responsible, and
Rule 7 of the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides, in part, that unless the court orders or a statute provides otherwise, a proceeding shall be commenced, continued or defended on behalf of a party under disability by a litigation guardian. Generally, a party under disability is a minor (i.e. a
