Will Drafting Errors & Rectification

How do the Courts handle drafting errors in wills? While the general rules is that an individual’s last will and testament may not be overwritten or altered so as to distribute their estate in any manner other than as the testator described in their will, the equitable power of rectification may be employed by a … Continued

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Changes to ODSP: Why both Litigators and Solicitors should be aware of the new Rules

Effective September 1, 2017, Ontario has relaxed some of the asset limits and other rules required for individuals to be eligible for benefits under the Ontario Disability Support Program (“ODSP”).  The changes are generally seen as long overdue, given the ever-rising cost of living and difficult in finding affordable housing (in the GTA especially). The … Continued

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Joint? Or Joint and Several?: Important Considerations when Appointing Multiple Attorneys under a Power of Attorney

When deciding to prepare powers of attorney for personal care and property, it is imperative to carefully consider who you want to appoint as your attorney(s). In the event you decide to appoint multiple attorneys, is also important to consider whether you want each of them to be empowered to make decisions separately or if … Continued

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Turning off the Tap: When should an incapable person bear the costs of contested litigation over his or her care?

Historically, a party’s legal costs for estate litigation were generally paid from the estate, rather than by the parties involved. However, the attitude of the court has changed significantly over the past few years. Any party involved in estate litigation can no longer expect that their costs will be paid out of the estate – … Continued

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Heads Up! You’ve got a Deal: Prince v. Nytschyk Estate

In Estates litigation, it is not uncommon for parties to be close to settlement, but are stymied by haggling over the exact terms of the minutes of settlement (or contract) and the delays by the exchange of drafts back and forth, between the parties’ respective lawyers. This begs the question: at what point is the … Continued

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