Joanna Lindenberg, de VRIES LITIGATION LLP, will speak at the 29th Estates and Trusts Summit on October 20, 2026, on the topic of Suspicious Circumstances and How the Doctrine Applies to POA Challenges, with Shalom Cumbo-Steinmetz, Torys LLP. The doctrine of suspicious circumstances is traditionally associated with will challenges; however, the doctrine transcends into other areas of estates law, and specifically, to power of attorney disputes. Across Canada, Courts have increasingly applied the suspicious circumstances doctrine to power of attorney litigation. The emerging jurisprudence raises important questions surrounding the foundation of the doctrine, evidentiary consequences, and the relationship between suspicious circumstances, capacity, and undue influence. Ontario and Manitoba in particular have taken significant steps within this area, while recent British Columbia case law demonstrates a different approach in respect of how the attorney-grantor relationship may inform the suspicious circumstances analysis.
For more information, visit 29th Estates and Trusts Summit (Day One).