Guardianship

Total 85 Posts

Save the Cheerleader

• • 0 Comments
Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust    The most famous sentence of Hayden Panettiere’s career was an instruction to protect a girl. Save the cheerleader, save the world. She was the cheerleader, Claire Bennet, and what protecting her actually looked like over four seasons of Heroes was not the heroics you would expect. It was a middle-aged man in horn-rimmed glasses, not her biological father,….

Save the Cheerleader Continue Reading »

Estate Planning, Guardianship

When Capacity Crosses Borders: Ontario Gives Effect to a Foreign Guardianship Order

• • 0 Comments

This blog post was written by Mohena Singh, Associate at Fasken LLP. Cross-border capacity and guardianship issues are becoming increasingly common as families, assets, and caregiving arrangements span jurisdictions. In Abitbol v. Abitbol, 2026 ONSC 1636, the Ontario Superior Court of Justice confirmed that a foreign guardianship order issued outside Canada may be recognized and enforced in Ontario under common law principles, even where the resealing provisions of Ontario’s Substitute….

When Capacity Crosses Borders: Ontario Gives Effect to a Foreign Guardianship Order Continue Reading »

Guardianship

Guardianship: A Refresher

• • 0 Comments
Scotiatrust

Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property or personal care is effected by the granting of that authority by one individual to another or to multiple persons…..

Guardianship: A Refresher Continue Reading »

Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Uncategorized

Rule 7 and New Ontario Regulation 173/25

• • 0 Comments

The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

Rule 7 and New Ontario Regulation 173/25 Continue Reading »

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

Contract Law in Estate and Guardianship Litigation

• • 0 Comments

In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

Contract Law in Estate and Guardianship Litigation Continue Reading »

Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Suffering In Silence: A Closer Look at Elder Abuse

• • 0 Comments

This blog post was written by Dave Madan, Senior Manager, Scotiatrust Elder abuse remains one of the most underreported and misunderstood social issues, often concealed beneath the veneer of familial obligations and trust-based relationships. For professionals, understanding the intricate dimensions of elder abuse is not only a matter of professional competence but also a moral imperative. Elder abuse transcends socioeconomic boundaries, manifesting in affluent communities as well as modest households,….

Suffering In Silence: A Closer Look at Elder Abuse Continue Reading »

Caregiving, Elder Care, Elder Law, Elder Management, Guardianship, Uncategorized, Undue influence
Scroll to Top