All About Estates

Category: Power of Attorney

Total 156 Posts

Rule 7 and New Ontario Regulation 173/25

The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…

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Young, Married, and Prepared: A First Experience with Wills and POAs

As we head into Thanksgiving weekend, I am sharing a guest post written by my son. Earlier this year, he and his partner celebrated a beautiful wedding surrounded by family and friends. Like many life milestones, it prompted some important conversations about their future together, including what would happen if…

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Picking The Right Power of Attorney: The Cautionary Tale of Jack Johnson

This blog post was written by: Taylor Sergeant, Associate Estate and Trust Consultant, Scotiatrust Ottawa When it comes to estate planning, few decisions carry as much weight as selecting your Power of Attorney (POA). This person will have the legal authority to make financial or personal decisions on your behalf….

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Supporting Loved Ones With Dementia: The Peace of Mind a POA Provides

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Dementia is not just a medical diagnosis; it’s a family story that unfolds over years. Canada’s numbers are climbing—projections suggest more than 1.7 million Canadians could be living with dementia by 2050. That’s a lot of spouses, adult children,…

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In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home?

Anna Chen, Associate, Gowling WLG (Canada) LLP This was the question addressed in the recent decision Orr v Orr, 2025 ONSC 4986. In Orr, 82-year-old William Orr (“Bill”) was diagnosed with advanced Alzheimer’s Disease and moved into a secure ward at McCormick Home, an accredited long-term care home in London,…

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Contract Law in Estate and Guardianship Litigation

In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or…

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Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a…

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RESP, Incapacity and Power of Attorney

This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth Parents and grandparents often help fund a child’s education using Registered Education Savings Plans (RESPs). These are tax-efficient vehicles that allow contributions, grants, bonds, and income to be invested in a tax-deferred environment to grow for eventual…

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