Capacity Law

Total 143 Posts

Increase In House Value Means $1.4 million Gift to SPCA

• • 1 Comment

For many people who own the house in which they live, their home is the most valuable asset in their estate. In many communities in Canada, house values have steadily increased over the last several years and particularly during the COVID-19 pandemic. This means that the value of an estate may be much greater at the time of the testator’s death than when the testator prepared and signed the last….

Increase In House Value Means $1.4 million Gift to SPCA Continue Reading »

Capacity Law, Charitable Giving, Contested wills, Estate Litigation

#FreeBritney: Toxic, Conservatorships, and Guardianship Abuse

• • 0 Comments

This blog was written by Raluca Gondor You may know Britney Spears for her hit songs like Piece of Me, Toxic, and Criminal. But lurking behind a wildly successful career is a darker aspect of her life, one that may be foreshadowed by her song titles: Britney Spears’ conservatorship. Since February 2008, Britney Spears has been under a probate conservatorship which restricts her ability to manage her estimated $60M estate….

#FreeBritney: Toxic, Conservatorships, and Guardianship Abuse Continue Reading »

Capacity Law, Courts, In the News

No Costs For You!

• • 0 Comments

The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth MacKenzie (“John”). Litigation was commenced in October 2017 by Jacqueline pursuant to the Substitute Decisions Act to be appointed as….

No Costs For You! Continue Reading »

Capacity Law, Costs, Courts, Elder Care, Elder Law, Estate Litigation, Family Conflict, Guardianship, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

• • 0 Comments

I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when her property sustained water damage. A plumber determined that the pipes servicing a bathroom sink had a crack in the….

When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan Continue Reading »

Capacity Law, Caregiving, Disability, Elder Care, Estate Administration, Estate Planning, Executors, Geriatric Care Management, In the News, Insurance, Power of Attorney, Property, Testamentary Capacity, Trustee

Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable

• • 0 Comments

Capacity to marry is often raised in the context of an allegation of a predatory marriage. But what about when the adult children disapprove of the union and devise a scheme to protect their inheritance from the purported “gold digger”? This was the scenario in the case of Tanti v Tanti et al., 2020 ONSC 8063. The relationship between Paul Tanti (“Paul”) and Sharon Joseph (“Sharon”) was never accepted by….

Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable Continue Reading »

Capacity Law, Dependant Support, Estate Litigation, Wills
Scroll to Top