Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The moving party failed to meet the heavy burden to demonstrate a reasonable apprehension of bias; an adverse ruling in a related proceeding and the administrative assignment of the judge are insufficient grounds for recusal, therefore the motion to recuse is dismissed and no costs are awarded.
Source excerpt
The enduring power of attorney signed August 27, 2021 is valid; its text appointed multiple attorneys to act severally (any one acting alone). Wesley and Judith, as attorneys, breached statutory and fiduciary duties by causing the donor’s funds to be applied to the defendants’ house purchase (gift/transfer without grantor authority) and by withholding information from co-attorney Suzanne. Section 24 immunity does not apply because the defendants did not act in good faith with reasonable care. Remedy: defendants must transfer $25,000 to the estate; other claimed personal damages by Suzanne are…
Source excerpt
The attorney breached fiduciary duties by making and failing to satisfactorily account for large transfers and payments that were not reasonable or necessary for the deceased's benefit; the court disallowed disputed business advances, unsupported cash withdrawals, bank transfers and e-transfers and found the attorney liable to account to the Estate for $280,180.41, while allowing a limited subset of point‑of‑sale expenses as reasonably incurred.
Source excerpt
The court awarded the petitioner costs for several contested family-related applications, assessed them under Rule 14-1(15), and ordered payment of $8,057.23.
The medical records from May 17, 2016 to May 17, 2017 are relevant to issues of capacity and informed consent central to the applicant's claim that the attorney breached statutory duties; privacy interests are outweighed by the need for disclosure subject to limits and procedural safeguards (executor access request, counsel review, Affidavit Disclosing Documents, description of withheld/redacted categories, and motion procedure to challenge withholding).
Source excerpt
The appeal was dismissed because the appellant abandoned the pleaded challenges that created the live issues (challenge to powers of attorney and capacity), leaving no active cause of action for the court to adjudicate; the application judge did not err in exercising his discretion to refuse a s.42 accounting given the pleadings and evidentiary record; fresh evidence was unnecessary and inadmissible on appeal; and there was no basis to disturb the costs award.
Source excerpt
The court held that a promissory note for $330,000 was authentic and binding on Ms. Hart under a broad enduring power of attorney, with unjust enrichment as an alternative basis.
The court dismissed a without-notice application seeking a declaration that Patti Becker’s power of attorney was valid, and ordered a joint case planning conference.
The court ordered a disputed estate will proven in solemn form, appointed an administrator pending litigation, vested the estate in that administrator, and made disclosure orders.
The attorney breached statutory and fiduciary duties by failing to preserve records and provide the required accounting from the commencement of his authority; although renovations were accepted as legitimate remedial work and not a breach, the accounting showed approximately $80,000 of donor funds unaccounted for and restitution of that sum to the Estate was ordered, together with delivery of rent proceeds held pending the proceeding.
Source excerpt
Explore more
