The Fiduciary Duties of a Power of Attorney for Property – A Tale of Two Sisters
When someone becomes “incapable” of making decisions for his/her health and property, an attorney for property and personal care is required to help make the decisions.
Setting Precedents: How the recent Baker Case May Shape the Future of Civil Jury Trials
In the realm of civil jury trials, the recent case of Baker v Blue Cross Life Insurance Company of Canada stands out as a pivotal moment that could influence the future landscape of such legal proceedings.
Construction Liens – A Short Guide
A construction lien is a legal claim against a property for unpaid work or materials supplied during a construction project.
Ontario as a Substantial Compliance Jurisdiction (Almost) Two Years In
Ontario is almost two years in to being a substantial compliance jurisdiction.
Derivative but Separate: Section 61 of the Family Law Act
When someone is injured in a car accident, it is not just their life that is affected. Their family’s lives may be affected as well.
Is it Ok to Pay a Non-Expert Witness to Prepare for Trial?
When preparing for a trial, it is often important to secure the co-operation of non-expert lay witnesses in advance of the trial. You can issue a summons and require a witness to attend at trial, but it can be very risky to call a witness when you don’t know what they will say.
What to Expect at the CAT
Do you live in a Condominium? Does your upstairs neighbour overwater their outdoor plants, resulting in water build up on your patio? Is the Condo trying to remove your pet, claiming it is too large?
Liability for Hockey Injuries
It’s Thursday night. Your D-division non-contact men’s league is playing at the local rink’s latest possible ice time. You just want to go out, get some exercise, and then get to bed.
Changes to your Employment? When do they Amount to Constructive Dismissal?
As the work environment/employment conditions have evolved over the past few years as a result of the COVID-19 pandemic, some employees are maybe be considering the
implications of various changes to their employment/roles.
Fido – Friend or Foe?
Dogs are a woman’s (or man’s) best friend, right? But what happens if Cuddles decides to turn into Cujo?
Compelling Unresponsive Estate Trustees to Act
An order to accept or refuse appointment under Rule 74.15(1)(a) or (b) of the Rules of Civil Procedure is an under-utilized tool in estate litigation. It allows an interested party to compel the estate trustee, either named in a will or acting as an estate trustee, to seek a certificate of appointment.
Apples to Apples vs the ” Silo Approach” – What are the differences?
Cadieux v. Cloutier 2018 ONCA 903
The Court of Appeal released its decision in Cadieux v. Cloutier (“Cadieux”) in December 2018. This case concerns a motor vehicle accident where the plaintiff, Chad Cadieux, suffered brain injuries after he was pushed onto the road by one of the defendants, Eric Saywell and struck by the truck of a second defendant, Mr. Cloutier.
Sealing off the court from the public eye – what is the risk v. benefit?
The Supreme Court of Canada released its decision in Sherman Estate v. Donovan 2021 SCC 25 in June of 2021. This case concerns the unresolved homicide of Bernard and Honey Sherman, who were found dead in their Toronto home in December of 2017. The couple’s estate and estate trustees attempted to stem the intense press scrutiny prompted by the events. At issue was the probate of a million, if not the billion-dollar estate.
Dealing with a Self-Represented Litigant? Handle with Care
Sometimes during an intake meeting, a potential new client will tell me that they want to hire an “aggressive” lawyer. Their expectation usually has to do with making threats at the outset and being difficult and uncooperative with the other side.
A New Benchmark for Family Law Act Damages
The Ontario Court of Appeal released its decision in Moore v. 7595611 Canada Corp. earlier this year. This case concerned the unfortunate and untimely death of the plaintiffs’ daughter, Alisha Lamers, who died in a fire. Alisha was an only child to divorced but...
Unintended Vacancy from Health Issues Can Lead to Insurance Coverage Exclusion
Home insurance policies, unbeknownst to many policy holders, typically have coverage exclusions that apply if damage/loss occurs while the property is “vacant”. Typically, the issue arises when the homeowner intentionally leaves the home for a an extended period of time (ie. vacation, work trips, etc). However, what happens when unexpected events, such as health complications, cause us to be away from home for an extended period of time?
Should they stay or should they go? A cautionary tale about witness exclusions.
It is a fundamental principle of common law that court proceedings are open to the public. There are, of course, factors and circumstances that necessitate a departure from this principle. For example, the exclusion of witnesses for a trial until they are called to give evidence is meant to avoid witnesses giving “tainted” evidence that is influenced by other testimony or court proceedings.
Samantha Cain has Joined the Partnership
Samantha Cain has joined the partnership
Carroll Heyd Chown and partners Ted Chadderton, David Thompson, and Jeff Beleskey are pleased to announce that Samantha Cain has joined the partnership effective January 1, 2021.
Can an Employer Mandate that Employees get Vaccinated Admist the COVID-19 Pandemic?
The COVID-19 vaccine is being rolled out to frontline workers and the vulnerable population, and it looks like it may soon be available to the public at large. Obviously, that’s great news. It looks like we are on our way back to some degree of normalcy. But, because we are lawyers and lawyers can’t ever just be happy and look at the positives of a situation, we’ve had to start considering the significant potential legal implications and conflicts that could arise with the largescale rollout of the vaccine.
Rogue Attorneys Must Account for Their Discretions
It is often the case that a loved one will become incapable of managing their finances and will require someone to step in and act on their behalf. This is where a continuing power of attorney for property can come into play. A continuing power of attorney for property is a document which grants authority to the chosen attorney to manage the assets of the person, referred to as the grantor. It is made while the person is mentally competent and remains effective through incompetency.