Commercial and Estate Litigation Blog
elder abuse

Evidence in dependant’s relief claims –“…by a very thin margin…”

When an elderly person initiates a new relationship it can sometimes plant the seeds of litigation. Perhaps the elderly person needs a caregiver. Or maybe they strike up a friendship with a contemporary for companionship. Perchance, in an effort to reduce expenses, they take on boarders or tenants. But at death, those seeds can bloom into full-fledged litigation. The adult children of the elderly person might be caught off guard when the caregiver/companion or tenant/boarder claims to be a common law spouse. That is exactly what happened in Prelorentzos v. Havaris.1 For those involved in this type of litigation, the case is a worthwhile read on the issue of how the court goes about reviewing and weighing the evidence presented.

Footnotes
  1.   2015 ONSC 2844. This case is available on-line at . For another interesting case commentary on this case, see Joanne Hwang’s blog (of Whaley Estate Litigation) at ↵
     
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Estate Litigation

Have Technicalities Trumped Substance in Wills and Estates?

Our law values the right of the individual to decide what happens to their money after they die. It protects that right by ensuring that certain rules are followed when a person (the “Testator”) signs a Will. These rules are designed to avoid fraud. But what happens if those rules are not followed, but there is a virtual certainty that the Will in question reflects the wishes of the testator?

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Does the grammar in your entire agreement clause matter? Yes, it does.

Whether you are buying your first home or papering a multimillion-dollar corporate deal, chances are you will see an “entire agreement” clause somewhere toward the end of your contract. Sometimes known as an integration clause, an entire agreement clause confirms that there are no other terms, conditions, warranties or collateral agreements to the agreement, whether express or implied, except for those expressly set out in the document to be signed. The reason for these types of clauses is obvious – you don’t want the other side taking the position that some previous draft or letter or e-mail formed part of your written contract, then suing you for breach or negligent misrepresentation.

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Are lawyers who draft wills negligent for failing to verify ownership of property?

Let’s look at the Alberta case of Meier v. Rose to see how the Honourable Madam Justice J.H. Goss addressed the issue of whether lawyers who draft wills are negligent for failing to verify ownership of property? In this case the lawyer (Mr. Rose) prepared a will for a long time client (Gary Meir). The client demanded that it be done the next day. Gary wanted to leave some farmland to his brother (Bob). The lawyer asked for the legal description of the farm land and in accordance with Gary’s instructions the farmland was left to his brother. But the gift failed.

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Doctors and DNRs

In my research I came across the case of Douglas DeGuerre. His daughter, Joy Wawrzyniak, was the power of attorney for personal care. She wanted a full response including CPR in case of a heart attack. The doctors ignored her directions. Instead, they placed a do-not-resuscitate (DNR) note on DeGuerre’s file because the doctors felt that medical intervention would only prolong his suffering. The doctors did not tell the daughter about the change and felt they were not obliged under the Sunnybrook policy. Mr. DeGuerre passed away and the legal proceedings started. As reported in various newspapers and case law, the family complained to the College and lost. They appealed to Ontario’s health Professions Appeal and Review Board. Notwithstanding the fact that the Board and later on the College and disciplinary board rebuking them, the doctors were unrepentant. The family launched a law suit seeking $1,000,000 in damages. The trial is pending. I empathize with the family. Let me tell you why.

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