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  • Capacity Litigation

    Capacity is a complex issue. Generally, a person is presumed to be capable unless there is evidence to the contrary. A person is rarely “globally” incapable since different types of tasks require different levels of capacity. A person can be capable of making some decisions and perfor... Read More
  • Dependant Support Claims

    The law in Ontario provides that a person has the freedom to choose who they want to benefit from their estate after he or she dies. The exception to this is found in Part V of the Succession Law Reform Act which provides that a deceased person has an obligation to provide adequate support for hi... Read More
  • Elder Law and Elder Abuse

    “Elder Law” is a term used to cast a wide net around the many legal issues that seniors may encounter, including estate and disability planning, power of attorney preparation, power of attorney litigation (such as power of attorney fraud), guardianship and capacity litigation, elder a... Read More
  • Estate Administration

    Estate administration can be daunting during an already difficult time. As experienced estate and trust lawyers, we offer support and expertise to family members and loved ones. If you have been named as an executor (also known as an estate trustee), we can help you understand your role and respo... Read More
  • Estate Litigation

    When a person dies, the real and personal property he or she leaves behind is called his or her “estate”. Claims can be made against the estate of the deceased person by creditors, beneficiaries named in a will, family members, or any person who believes he or she has a valid interest... Read More
  • Guardianship Applications

    When a person becomes incapable of managing his or her property (including real estate and all other financial assets), where there are assets and income that need to be managed on behalf of that incapable person, and where there is no less restrictive means of addressing the situation (such as a... Read More
  • Mediation

    Mediation is a process where the parties involved in a dispute attend before a neutral third party person, called the mediator. The mediator will facilitate a discussion about the disputed issues with a view to helping the parties come to a mutually agreeable resolution. In certain cities, such ... Read More
  • Ontario Disability Support Program (ODSP) Issues

    The Ontario Disability Support Program (“ODSP”) is a Ministry of Community and Social Services program that provides financial assistance to people with disabilities over the age of 18 who are in financial need. The benefits paid under ODSP vary depending on the recipient’s shel... Read More
  • Passing of Accounts

    A person acting as an executor or estate trustee of an estate, an attorney for property, a guardian of property, and a trustee of a trust are all obligated to keep detailed and accurate records of their management of the assets and can be asked or volunteer to present those records, called accoun... Read More
  • Power of Attorney and Capacity Litigation

    When a person’s mental capacity to make his or her own decisions diminishes, often due to aging, illness, or injury, friends or family members may step in to assist. In some cases, “assistance” can mean different things to different friends and family members resulting in disagr... Read More
  • Power of Attorney Litigation

    A person who is 18 years of age or older and has the requisite mental capacity can grant a power of attorney for property to another person, people, or trust company to manage their property (meaning real estate and other financial assets such as bank accounts and investments). This document usua... Read More
  • Powers of Attorney and Disability Planning

    Powers of attorney are the documents in which you appoint another person or people to manage your property and make your personal care decisions while you are alive.  These documents cease to be effective after you die. Making powers of attorney is an important aspect of estate and disabilit... Read More
  • Preparation of Trusts

    A trust is a legal structure whereby a “settlor” (the person establishing the trust) appoints a “trustee” (the person, people, or corporation managing the trust) to deal with property or assets over which the trustee has control for the benefit of another person or people ... Read More
  • Unjust Enrichment and Quantum Meruit Claims

    In order to make a claim of unjust enrichment against another person, the claimant must show: The other person received a benefit; The claimant suffered a loss that somehow corresponded to the benefit of the other person; and There was no justifiable reason in law for the benefit and the loss. ... Read More
  • Variation of Trusts and Trustee Disputes

    Trustees of trusts set up in wills (testamentary trusts) or trusts that take effect during the settlor’s lifetime (inter vivos trusts) are obligated to administer the trust in accordance with the terms in the trust. In some cases the terms of the trust can be varied, for example where there... Read More
  • Will Challenges

    To be a valid will, the document must be testamentary in nature, a free expression of the testator’s wishes with respect to the distribution of his or her estate upon death, and conform to the requirements of execution set out in Part I of the Succession Law Reform Act.  The common ch... Read More
  • Will Interpretations

    Where the terms of a will of a deceased person are unclear or ambiguous, the estate trustee or any person with an interest in the estate, can bring an application to the Ontario Superior Court of Justice to seek the advice, direction, and opinion of the court regarding the testator’s intent... Read More
  • Wills and Estate Planning

    A will is a document that provides your instructions for the distribution of your assets after your death and only takes effect after you die. It is important that you make a will to ensure that whatever assets and personal belongings you have go to the family members, friends, and charities who... Read More
  • Wills, Powers of Attorney, and Trusts

    It is important for all people over the age of 18 with the requisite mental capacity to make a will and powers of attorney. Why is this so important? So long as you have the mental capacity to do so, you should have a say in what happens to your assets, your real property, your sentimental person... Read More