While estate lawyers are often presented with files that impact upon the rights of an incapable person, it is important to understand when, why and how the Public Guardian and Trustee (the “PGT”) becomes involved with such disputes. As noted on its website, and in general, the PGT acts as…
Category: Powers Of Attorney and Guardianship Disputes
Total 62 Posts
In the recent guardianship case, Rudin-Brown v. Brown, the court considered whether to admit into evidence recordings made of an incapable adult’s telephone conversations. Carolyn was found to be incapable in 2018. In 2016, Carolyn signed new power of attorney documents for personal care and property (“2016 Powers of Attorney”)…
I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property.
Evaluation of decision-making capacity is inherent to the practice of law and medicine and is not the exclusive responsibility or expertise of either. Lawyers may need to assess (among other things) capacity to instruct counsel; to provide evidence; to stand trial; to appoint or revoke Powers of Attorney; to make…
COVID-19 has hit the charitable sector hard, and arts organizations face particular challenges. A recent article in The Globe and Mail about the Banff Centre described closed facilities, lost fundraising, cancelled programs, layoffs, deficits, resignations, and protests. The article also mentioned a request to endowment donors for “permission” to use…
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…
A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to…
In the recent decision of Volk v. Volk, 2020 ONCA 297, the Court of Appeal for Ontario declined the moving parties’ motion for a stay pending appeal of an Order granting the sale of real property alleged to have been purchased by attorneys for property with the funds of the…
While the courts will defer to the wishes of the incapable person regarding their attorney/guardian of personal care, they will also look at the past actions of the applicants.
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…