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Tag Archives: Substitute Decisions Act

Hull on Estates #360 – Substitute Decisions Act

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to Hull on Estates #360 – Substitute Decisions Act  Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss changes to the Substitute Decisions Act. If you have any questions, please email us at or leave a comment on our blog page.   Click here for more information on Jonathon Kappy. Click… Continue Reading

“Pre-taking” Compensation by Property Guardians: Plan Ahead

Posted in Estate & Trust, Guardianship, Power of Attorney
Trustees often run into difficulties when they pay themselves compensation prior to passing their accounts.  They are said to have "pre-taken" compensation, meaning having paid themselves compensation prior to passing their accounts.  Fortunately for guardians of property (and attorneys), section 40 of Ontario’s Substitute Decisions Act allows guardians to pay themselves compensation at intervals during the guardianship before… Continue Reading


Posted in Capacity, Estate & Trust
Pursuant to Section 3 of the Substitute Decision Act, the court may direct the PGT to arrange for legal representation for a person whose capacity is in issue in a proceeding under the SDA. The SDA further states that the person so represented shall be deemed to have capacity to retain and instruct counsel. However, section 3… Continue Reading

Compensation & Personal Care Guardians

Posted in Estate & Trust
Welcome to my week of blogs. The Substitute Decisions Act is silent when it comes to the issue of compensation for personal care guardians. Section 40 of the SDA addresses compensation for property guardians, but there is no corresponding provision for personal care guardians (though regard can be had to section 68(4) of the SDA).   … Continue Reading

The Power of the Public Guardian and Trustee

Posted in Estate & Trust
Last night, I overheard a distressed woman confiding to a friend about a relative who was declared incapable of managing her property. The Public Guardian and Trustee (“PGT”) had stepped into her shoes to take control and to care for her property. This case peaked my curiosity, so I went home and did some research on this… Continue Reading

Interim Payment from the Estate to cover Plaintiffs’ Legal Costs of Litigation

Posted in Archived BLOG POSTS - Hull on Estates
In Zhao v. Ismail Estate [2006], O.J. No. 5221, the Court considered a motion before it brought by the plaintiffs in the action seeking, amongst other things, (i) certain directions and disclosure of information prior to a scheduled mediation, (ii) an Order for interim support under s.64 of the Succession Law Reform Act (“SLRA”), (iii)… Continue Reading

Estate Litigation and the Appellate Jurisdiction of the Divisional Court

Posted in Archived BLOG POSTS - Hull on Estates
In Ontario, the Divisional Court (by amending legislation) now has jurisdiction to hear an appeal made from a final judgment of the Ontario Superior Court of Justice for an amount of not more than $50,000 (previously $25,000), exclusive of costs. Any award over that amount is appealed to the Court of Appeal. Seems clear enough.… Continue Reading

The Requirement for Service in the Substitute Decisions Act

Posted in Archived BLOG POSTS - Hull on Estates
The recent decision of Boyd v. Thomson, [2006] O.J. No. 4796 (Ont. SCJ) examined section 69(6) of the Substitute Decisions Act, 1992 , which requires that someone bringing a court application to be appointed guardian serve certain family members of the incapable person. The case involved a guardianship application under s. 22 of the SDA… Continue Reading