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On the Lookout: Nursing Home Negligence and Abuse

Today’s post was written by guest blogger, Melissa Miller, Partner at Howie, Sacks & Henry LLP. Ask anyone whether admission to a nursing home is part of their retirement plan and they will likely say, “I’ll never go to one of those places”, or something worse. As we all know, the best laid intentions do not always go as planned. Many of us will have family with complex health issues….

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Guide to Navigating Client Capacity Concerns

The Law Society of Ontario’s (“LSO”) Guide to Navigating Client Capacity Concerns (last updated August 14, 2024) is instructive of the responsibility of lawyers and paralegals in Ontario to assess for capacity. As explained in the Guide available online: When a lawyer or paralegal meets with a new or existing client they must consider whether the client has the capacity to provide legal instructions and enter into binding legal relationships…..

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The Importance of Pleadings and the Test for a Stay Pending Appeal

In the recent Ontario Court of Appeal case of Leith v. Leith Estate, 2024 ONCA 863 (CanLII), the Court heard two motions before it.  The appellant is the spouse of the deceased.  In the lower court the spouse argued that she was entitled to an equalization payment as the deceased did not adequately provide for her in his will.  The spouse’s right to an equalization payment was not disputed.  For….

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Powers of Attorney for Property – Part I: A Refresher

This blog has been written by Pritika Deepak, Associate at Fasken LLP. My peer, Robin Ellis, and I recently spoke at the Ontario Bar Association on the topic of important considerations when drafting powers of attorney (“POAs”) in Ontario. Preparing for this presentation was an excellent exercise as it served as a valuable reminder of several important aspects that must be reviewed carefully when preparing POAs for property.The first part….

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Improving the Court System, According to Justice David M. Brown

Justice David M. Brown recently released a paper entitled, “THE FIVE HABITS OF HIGHLY EFFECTIVE AND ACCESSIBLE CIVIL COURTS: TRANSPARENCY; PERSPICACITY; CREATIVITY; SIMPLICITY; AND ACCOUNTABILITY – Reflections at the end of a judicial career”. The paper summaries the key lessons Justice Brown has learned throughout his career on the Bench. Justice Brown has been a judge for over 18 years, having spent more than 8 years as a trial judge….

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