All About Estates

Tag: capacity

Total 15 Posts

When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when…

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Can Section 3 Counsel be Summoned for Examination?

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…

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Frivolous Notices of Objection Can be Struck Out

Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the…

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Estate Applied to Have Filings Made by Taxpayer Lacking Mental Capacity Set Aside

In Ntakos Estate v. The Queen, 2018 TCC 224, a family business was owned by the deceased taxpayer, Anna (after her husband passed away in 1995) with two brothers-in-law through a holding corporation. Anna’s mental and physical health declined from 1995 until her death in 2004. She was diagnosed in…

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Assisting Detection of Hospital Acquired Delirium by Informal Caregivers – The Sour Seven

In the March 2018 edition of Reader’s Digest, I came across an article called “State of Confusion”[i] about hospital acquired delirium and the negative consequences that can arise from it. (The author’s original article can be found online.)[ii] The editor’s letter “Decoding Delirium”[iii] in the same issue recounts her mother’s…

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What Gets Your Spidey Sense Tingling?

If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will,…

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Can a Drunk Clearly Consent?

By now many are familiar with the story reported in the National Post on March 2, 2017 by Ashley Csanady and the subsequent public outrage and calls for appeal in the Nova Scotia acquittal of a case of alleged sexual assault of a young woman intoxicated in the back of…

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The Times Are A Changing and Our Laws & Policies Should Too

Further to my colleague Diane Vieira’s March 15, 2017  blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a…

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Costly Cottage Dispute – $403,174.85 in Legal Costs Sought in Dispute Over $300,000 Cottage

At long last, cottage season is upon us. As I gaze longingly out my window at the construction of what looks like an awesome rooftop patio in the making, I thought it would be fitting to write about a cottage dispute.[1] A really, really expensive cottage dispute. The background was…

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Financial Literacy, part 2

Today’s blog, while not about the Blue Jays winning the series (I was having a tough time finding the ‘estates’ connection), continues with the theme of Financial Literacy.

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