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Tag: <span>power of attorney</span>

Improper Conduct and Dependant Support

by Rob Levesque In Webb v. Belway, 2019 ONSC 4602, the Court was asked to consider whether a common law spouse’s improper conduct while she was Power of Attorney for her spouse should be taken into consideration in determining her entitlement to support. Ms. Webb was the common law spouse of Mr. Belway who died on October […]
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No Two-Year Limitation Period for Passing of Accounts

by Mitchell Rattner Attorneys for property and estate trustees have a legal obligation to maintain complete and accurate accounts of the transactions which they undertake in the course of performing their duties.  Passing of accounts refers to the process of obtaining the Court’s approval of the accounts. In 2016, and again, in 2018, the Ontario Court […]
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Buzz Aldrin Guardianship Dispute & the Importance of Planning for Incapacity

Apollo 11 astronaut Buzz Aldrin is suing his two children and his business manager for improperly taking control of his finances, using his funds for their own benefit, and defaming him by stating publicly that he suffers from dementia. This lawsuit was brought in response to a guardianship application commenced by Aldrin’s two children. Regardless […]
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Powers of Attorney – Common Myths

by Mitchell Rattner Last November was the Ontario Bar Association’s “Make a Will Month”, and I spoke at Barbara Frum Library about the benefits of having a will. While a will is an important and effective tool for directing how your property is to be distributed following your death, powers of attorney enable you to authorize […]
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Capacity to Enter into Contracts

by Robin Spurr A recent case reported in the news by CBC has brought up an issue we see far too often; individuals being taken advantage of because they lack capacity. In this particular case, a door-to-door sales company allegedly induced an elderly woman with Alzheimer’s disease to sign unfavourable contracts for heating/air-conditioning services locking her in for the […]
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Costs Award Against Power of Attorney Personally

by Robin Spurr, Published: November 06, 2015 Scalia v. Scalia is a Court of Appeal decision, which provides guidance for Power of Attorney disputes, specifically the scope of the attorney for property’s authority with respect to joint assets, as well as the cost consequences for an unreasonable attorney for property.  This was an appeal involving a dispute […]
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