Lack of Capacity in Family Law Matters: Use of the “Special Party” Rule
The recent decision in the case of Chai v. Law 2020 ONSC 6998 provides a useful summary of the procedural steps and evidence required for someone to be appointed as the litigation guardian for a party involved in a family law claim. Mr. Chai and Ms. Law were a married couple who were divorced in […]
Proposed Changes to Ontario’s Wills and Estates Law Under Bill 245
On February 16, 2021, Attorney General Doug Downey introduced to the Ontario Legislature Bill 245 – the “Accelerating Access to Justice Act”. Having been carried through First Reading, the Ontario Government proposes some notable changes to Ontario’s wills and estates law: Virtual signings of wills and powers of attorney Bill 245 proposes to permanently codify […]
Adulting 101 – Get Powers of Attorney
Did you just recently buy a house? Have you just recently had or adopted any children? Better yet, are you alive and over the age of 18? If you answered yes to any of these questions, it’s a really good idea to prepare Powers of Attorney. What are Powers of Attorney? There are two main […]
It May Be Time to Revisit Your Continuing POA Property Precedent
A series of recent Capacity and Consent Board decisions have called into question the use of standard language found in many continuing power of attorney for property precedents found in law firms across Ontario, including the current Law Society of Ontario annotated precedent. Specifically, the issue relates to the language used to declare that a […]
Resigning as the Attorney for Property and/or Personal Care
In an earlier blog, I wrote about how to resign as estate trustee of a loved one’s estate. In this blog, I will be discussing how to resign as the attorney under a Power of Attorney for Property or Power of Attorney for Personal Care. Acting as an attorney can be equally onerous as acting as […]
Contingency Planning in Business: Are You Prepared for the Unexpected?
When you are busy building a business, planning and preparing for the unexpected may be the last task on your long to-do list. It is a task that is easy to push into the future when there are seemingly more pressing and urgent matters to manage and address. Succession and contingency planning, however, is something […]
Packing for Your Vacation 101
Deciding what to bring on vacation is almost as challenging as trying to pack it all in one tiny bag or two. To really experience the awe and enjoyment of a lengthy vacation, as well as having your affairs in working order upon your return, it’s important to consider all aspects of your life and […]
Demystifying Powers of Attorney: Powers of Attorney for Personal Care
Appointing a Power of Attorney for Property and for Personal Care is an important part of any estate plan. Unlike a will, Power of Attorney documents are for use when the grantor is still alive; an Attorney loses the authority to act upon the death of the grantor. In Ontario, Powers of Attorney are governed by […]
Demystifying Powers of Attorney: Powers of Attorney for Property
Appointing a Power of Attorney for Property and for Personal Care is an integral part of any estate plan. Unlike a will, Power of Attorney documents are for use when the grantor is still alive; an Attorney loses the authority to act upon the death of the grantor. In Ontario, Powers of Attorney are governed by the […]
