Joanna Lindenberg

Total 48 Posts

Joanna is an experienced estates, trusts, and capacity litigator at de VRIES LITIGATION LLP. Joanna obtained her law degree from the Shulich School of Law at Dalhousie University after completing a Bachelor of Arts degree at McGill University. Following her call to the Ontario Bar in June 2011, Joanna obtained a Masters of Law at the University of California Los Angeles (UCLA), specializing in international and comparative law. Joanna's current practice focuses on, in part, will challenges, dependant’s support, capacity, and power of attorney disputes. More of Joanna's blogs can be found at https://devrieslitigation.com/author/jlindenberg/

Testamentary Capacity and Expert Reports

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As many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator is older or has cognitive limitations, and/or when there are known family conflicts and an anticipated will challenge. In addition,….

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Capacity Law, Courts, Estate Litigation, Undue influence, Wills

Taking the Extra Steps

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Verifying the capacity of a testator prior to him or her executing a will is essential, and the test for testamentary capacity is well known to drafting solicitors and estate litigators. In particular, Banks v. Goodfellow provides that a person executing a will: (1) shall understand the nature of the act and its effects; (2) shall understand the extent of the property of which he is disposing; (3) shall be….

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Contested wills, Estate Litigation, Testamentary Capacity, Wills

Capacity to Retain and Instruct Counsel

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Estate litigation cases often impact upon persons who are incapable. In particular, an individual may be incapable of, among other things, managing their property or personal care, of making a will (testamentary capacity) and of retaining and/or instructing counsel. The recent case of Guardian Law Group v. LS, 2021 (“Guardian”) reviews the requirements that must be met by counsel to be validly retained to represent an individual. In Guardian, the….

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Capacity Law, Contracts, Estate Litigation, Retainer Agreement

Limitation Periods and Fraudulent Concealment

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Missing a limitation period can be highly detrimental to any case. But, what happens when the party simply does not know he or she has a claim, as a result of the conduct of another? This issue, among others, was addressed in the recent Ontario Court of Appeal decision, Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57 (“Beaudoin”). By way of background, and with respect to matters concerning estates,….

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Courts, Limitation periods

No Costs For You!

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The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth MacKenzie (“John”). Litigation was commenced in October 2017 by Jacqueline pursuant to the Substitute Decisions Act to be appointed as….

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Capacity Law, Costs, Courts, Elder Care, Elder Law, Estate Litigation, Family Conflict, Guardianship, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

The Role of the PGT – When, Why and How?

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While estate lawyers are often presented with files that impact upon the rights of an incapable person, it is important to understand when, why and how the Public Guardian and Trustee (the “PGT”) becomes involved with such disputes. As noted on its website, and in general, the PGT acts as litigation guardian of last resort for parties under legal disability involved in civil litigation (and as a legal representative of….

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Estate Litigation, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills
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