Powers of Attorney: How Not to Resign

Thursday, April 30th, 2015

I have seen many POA disputes about whether or not the grantor had capacity to appoint a new POA.  I have also seen numerous POA disputes about whether or not the named attorney was acting in a fiduciary capacity.  Just as common are POA disputes about how the attorney for ...

Choosing a POA: A Litigator’s Perspective

Tuesday, November 25th, 2014

Two things got me thinking about power of attorney litigation.  I listened to a great program on CBC on Sunday, where the guests – an estate litigator in Toronto and an elder law specialist from the west - talked about the trend that many estate litigators have seen lately.  That ...

What the Heck is the Deemed Undertaking Rule?

Wednesday, July 9th, 2014

One of the best ways for a litigator to learn is to sit in open court watching other litigators suffer through embarrassing court room experiences.  In one of my early days appearing on the Estates List, I had one such experience, and the litigator’s lesson that day centred on the ...