Category: Wills and Estates and POAs

What is a “power of attorney”?

A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”, but not meaning “lawyer”) the right to make decisions for you. The document can be for when you are perfectly healthy (for example, a Power of Attorney for Property authorizing your brother to handle the sale of […]

Read More

What is a “Power of Attorney for Personal Care”?

A “Power of Attorney for Personal Care” is a power of attorney that provides the person (the “attorney”) you designate with the authority to attend to personal matters such as housing, health care, medical treatment and even issues of life and death in the event that you are not capable of attending to those matters […]

Read More

What is a “Continuing Power of Attorney for Property”?

A “Continuing Power of Attorney for Property” is a power of attorney for property that provides the person you designate with the authority to attend to property and financial matters on your behalf in the event that you are not capable of attending to those matters personally, and extends to cover a situation where you […]

Read More

What is a “Non-Continuing Power of Attorney for Property”?

A “Non-Continuing Power of Attorney for Property” is a power of attorney that provides the person you designate with the authority to attend to financial matters on your behalf if you are not capable of attending to those matters personally, for a specific time, or during a specific occurrence (such as extended travel away from […]

Read More

What does “attorney” mean in Canada?

First and most importantly, “attorney” in Canada does not mean “lawyer”, as it does in the United States. In Canada it is most commonly used to mean “the donee of a power of attorney”. When you draft a power of attorney for property naming, for example, your sister to look after your business and bank […]

Read More

Gifting a corporation from a personal will

Brian N. Radnoff and Sahar Cadili of Dickinson Wright draw our attention to an interesting Ontario Court of Appeal case which changes how corporations and their assets can be transferred by a Will by their shareholder.  The law in some other provinces (and, until Trezzi, arguably the law in Ontario) states that a sole shareholder […]

Read More

“10 Events Where You Should Re-Visit Your Estate Planning Documents”

Sarah Barker of Carbert Waite LLP gives us “10 Events Where You Should Re-Visit Your Estate Planning Documents” “You got married” “You got divorced or separated” “You entered or left an adult interdependent relationship” “You became a parent (or a step parent)” “A child has turned 18” “You’ve become a grandparent” “A loved one or […]

Read More

Law Society official position on virtual Commissioning

[Everything below this line is a verbatim transcript from the LSO’s website as of 2020-04-08-1334h] During COVID-19, does the Law Society’s interpretation permitting virtual commissioning under the Commissioners for Taking Affidavits Act extend to functions under the Notaries Act? Notarizing is governed by the Notaries Act and is not regulated by the Law Society. Lawyers […]

Read More

Remote/Virtual Witnessing of Wills and Powers of Attorney

The Ontario government has authorized the remote witnessing of wills. The key limitation is that one of your witnesses has to be either a lawyer or paralegal licensed by the Law Society of Ontario. The full text of the Order [English only] is below, and can be found [in original, bilingual version] here: Executive CouncilOrder […]

Read More

“Who doesn’t love a thriller based around the hijinks of estate planning?”

“Even before the COVID-19 pandemic, estate planning was top of mind at Oscar time with the fantastic movie, Knives Out. … Who doesn’t love a thriller based around the hijinks of estate planning?” Darren Stewart of Singleton Urquhart takes a humourous tack to tell us things that we should consider even during the best of […]

Read More
Visit Us On TwitterVisit Us On FacebookVisit Us On Linkedin