Litigation Guardian Archives - de Vries Litigation

(In)Capacity to instruct counsel

Jonathan Pellow, July 25, 2023

July 25, 2023 In the world of estate litigation, an issue that frequently arises is the capacity of an elderly individual to create a will or execute a power of attorney. As is widely known, there are different levels of capacity required for an individual to carry out different tasks; the highest level of capacity…

When Will A Court Order a Mental Examination?

Angelique Moss, October 17, 2013

In what circumstances will a court order a plaintiff to undergo a mental examination to determine whether she is a party under a legal disability who has to be represented by a litigation guardian? This was one of the issues for the court to determine in the recent Ontario case of 626381 Ontario Limited et al….