Diane Vieira

Total 58 Posts

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Diane has practiced in the area of estate, trust and capacity litigation since she was called to the Ontario Bar in 2006. Diane obtained her law degree from Queen’s University after completing an Honours Bachelor of Arts degree from the University of Toronto. She received the Certificate in Elder Law from Osgoode Hall Law School. She is a member of the Ontario Bar Association and the Toronto Lawyers Association. Diane has chaired various continuing legal education programs regarding estate, trust and capacity matters. She can be reached at dvieira@devrieslitigation.com More of Diane's blogs can be found at https://devrieslitigation.com/author/dvieira/

Newell v. Newell: Full Indemnity Costs Awarded to Both Parties

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In Newell v. Newell (2011 ONSC 3228), the court awarded full indemnity costs to both parties to a guardianship dispute, despite the fact that neither party was wholly successful and the application and cross- application had become moot as a result of the death of the incapable mother…..

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Capacity Law, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Downton Abbey and Britain’s Changing Attitudes towards Succession

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The internationally acclaimed television series Downton Abbey introduced many people to Britain’s past inheritance laws. The practice of primogeniture is no longer British law but still remains an inheritance model for Britain’s major landowning families. A new survey conducted for Country Life last week, shows an emerging change in succession attitudes to relax the enforcement of the primogeniture model to transfer land and title. Only 16% of the major landowning families surveyed strictly implement the practice of primogeniture…..

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Estate Planning, In the News

Addressing the Needs of Elderly Patients and Emerging Healthcare Solutions

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Emergency rooms just for the elderly? 1 in 11 Canadians over the age of 65 currently have Alzheimer’s disease or a related dementia. As baby boomers age, the needs of elderly patients, especially those with dementia, pose new challenges to the medical community.

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Elder Care, Elder Law, In the News

An Award of Full Indemnity Costs is Not a Fantasy

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A recent cost decision awards full indemnity costs on a leave motion. The court found that if estate trustees are expected to bear their own litigation costs, they would refuse to be appointed and would also be reluctant to bring proceedings to advance the due administration of the estate…..

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Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
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