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Powers of Attorney for Property – Part I: A Refresher

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. My peer, Robin Ellis, and I recently spoke at the Ontario Bar Association on the topic of important considerations when drafting powers of attorney (“POAs”) in Ontario. Preparing for this presentation was an excellent exercise as it served as a valuable reminder of several important aspects that must be reviewed carefully when preparing POAs for property.The first part….

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Improving the Court System, According to Justice David M. Brown

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Justice David M. Brown recently released a paper entitled, “THE FIVE HABITS OF HIGHLY EFFECTIVE AND ACCESSIBLE CIVIL COURTS: TRANSPARENCY; PERSPICACITY; CREATIVITY; SIMPLICITY; AND ACCOUNTABILITY – Reflections at the end of a judicial career”. The paper summaries the key lessons Justice Brown has learned throughout his career on the Bench. Justice Brown has been a judge for over 18 years, having spent more than 8 years as a trial judge….

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Can a wish create a legal obligation?

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This blog post was written by Mohena Singh, Associate at Fasken LLP. When preparing your estate plan, an important distinction must be made between what you direct your trustees to do with your estate assets and what you wish for them to do. In the case of Landry v. Christiansen-Hasset et al,[1] the Ontario Superior Court considered the issue of precatory language in a will and whether a wish could create….

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Don’t Take It For Granted: Court has Inherent Jurisdiction to Refuse Grant of Probate

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The court has an inherent jurisdiction to refuse an appointment of an estate trustee even where the application is unopposed.  This inherent jurisdiction was affirmed by the Ontario Court of Appeal in James Estate (Re), 2024 ONCA 623, when it upheld the lower court’s decision to refuse an application for a certificate of appointment of estate trustee (“CAET”).  In James Estate, the appellant brought his application for a CAET with….

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Donor Recognition in the Commons

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Here’s a charity trade secret.  One of the best products in a fundraiser’s toolkit is “donor recognition”, in particular naming a piece of real estate.  Recognition is effective in inspiring donors, and for some, but not all, an important part of charitable giving.  However, donor recognition sometimes produces a backlash from the public. Yes, donor recognition is gracious and pragmatic, but public space is branded by private citizens and money…..

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Philanthropy/Charitable Giving, Uncategorized
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