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Just over one year ago, I blogged about Jackson v. Rosenberg, 2023 ONSC 4403, a case that shed light on the relationship between severance of a joint tenancy and the subsequent effect on a gifted right of survivorship. As it turns out, the application judge’s decision was appealed, with the Court of Appeal releasing its decision in December 2024. The Application Judge’s Decision For a more detailed explanation of the….

Today’s post was written by guest blogger, Melissa Miller, Partner at Howie, Sacks & Henry LLP. Ask anyone whether admission to a nursing home is part of their retirement plan and they will likely say, “I’ll never go to one of those places”, or something worse. As we all know, the best laid intentions do not always go as planned. Many of us will have family with complex health issues….

The Law Society of Ontario’s (“LSO”) Guide to Navigating Client Capacity Concerns (last updated August 14, 2024) is instructive of the responsibility of lawyers and paralegals in Ontario to assess for capacity. As explained in the Guide available online: When a lawyer or paralegal meets with a new or existing client they must consider whether the client has the capacity to provide legal instructions and enter into binding legal relationships…..

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….