Happy Long Weekend

Friday, May 16th, 2014

The Victoria Day long weekend marks the unofficial opening of cottage season.  Unfortunately, in Ontario, spring is delayed, the lakes are cold, and snow still lingers on the forest floor (trilliums be damned).  Nevertheless, a cottage case is just what the judge ordered to mark the start of the season. Clarke ...

Salvador Dali, Melting Clocks, Financial Incapacity, and the Removal of an Attorney for Property!

Thursday, April 3rd, 2014

In 1994, Mary McMaster granted a general power of attorney to her two sons, Graeme and Malcolm. She was a wealthy woman and in good health for many years. Malcolm was the de facto manager of Mary’s assets who engaged in various investments schemes to the ultimate detriment of his ...

Summary Judgment – No Longer for the Brave or Foolhardy

Thursday, February 20th, 2014

The recent decision of the Supreme Court of Canada (SCC) in Hryniak heralds a sea change in‎ summary judgment motions in Ontario and will have a profound impact on estate litigation. Many lawyers in Ontario have long groused that the Ontario Court of Appeal (OCA) was overly restrictive in its interpretation ...