Guardianship

Total 84 Posts

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

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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….

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Guardianship

Guardianship: A Refresher

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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…..

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

Rule 7 and New Ontario Regulation 173/25

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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….

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

Contract Law in Estate and Guardianship Litigation

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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….

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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

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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,….

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Caregiving, Elder Care, Elder Law, Elder Management, Guardianship, Uncategorized, Undue influence

Guardianship Applications: What is Involved?

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This blog post was written by Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto If you do not have Powers of Attorney for Property and Personal Care, and it is necessary for someone to step into your shoes to make decisions about significant areas of your life, what happens?  In this article, I outline the process, in Ontario, of bringing a Guardianship Application to become the decision-maker for a person….

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Capacity Law, Guardianship, Power of Attorney
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