Total 84 Posts
This Blog was written by: Taylor Sergeant, Scotiatrust In my job at as a Trust Officer, I see the importance of incapacity and estate planning daily. I understand and appreciate the value of having the difficult discussions needed to plan for a time in which you may no longer be able to make decisions for yourself. This thought often leaves me wondering, why doesn’t everyone execute a Power of Attorney?….
In Hernandez v. Hernandez, 2021 ONSC 106, the Court of Appeal for Ontario considered the issue of whether litigation involving the personal care of a person is rendered moot after that person dies. In 2017, Cheri Hernandez commenced an application seeking an order terminating the authority of her brother, Norman Hernandez, to act as the guardian of personal care of their mother, Anna Hernandez. Cheri’s application was dismissed in 2019….
Court of Appeal for Ontario Dismisses Moot Guardianship Appeal Continue Reading »
Guardianship
Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make a contract, a gift, or execute a will; to marry, divorce and/or reconcile. In healthcare, clinicians are confronted mostly with….
Evaluation of Decision Making Capacity: Aiming for an Improved Standard of Care Continue Reading »
Capacity Law, Disability, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity, Undue influence
Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….
Can Section 3 Counsel be Summoned for Examination? Continue Reading »
Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence
A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to be appointed his mother’s litigation guardian. Shady alleged that his brother, Mohammed, used a false power of attorney document to….
Who Can Be a Litigation Guardian? Continue Reading »
Guardianship, Powers Of Attorney and Guardianship DisputesIn the recent decision of Volk v. Volk, 2020 ONCA 297, the Court of Appeal for Ontario declined the moving parties’ motion for a stay pending appeal of an Order granting the sale of real property alleged to have been purchased by attorneys for property with the funds of the incapable grantor. Facts: The underlying application involved the property of Doris Volk (“Doris”). Doris was incapable, and her property was….
