Appendix. Case Scenario

• Author: John Hollander
• Pages: 165-189

case scenario

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case scenario

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appendix

Case Scenario

   follows is entirely ctional. It exists solely

to provide context for some of the exercises and examples

used in Chapter : Applications.

Like all made-up cases, it has to take place somewhere,

so this one takes place in Ontario. For ease of reference,

the legal principles are included. In Ontario, cases get to

court by application or by claim. Estate cases, including

power of attorney abuse cases, usually proceed by appli-

cation. is means that someone, usually an aggrieved

relative but occasionally the attorney or a government of-

cer, applies to court for some order. at order could be

to appoint another attorney/guardian, to prevent further

transactions, to pay an account, to transfer property, or to

declare transactions ineective.

In applications, the applicant les a request for the

relief sought accompanied by adavit evidence that this

request is well-founded. All parties aected by the pos-

sible relief then le their responses, and then the court

must order mediation. It sets the ground rules for the case

to proceed (examinations, exchange of evidence). Unlike

claims, in which the procedure is already established, es-

 

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tate cases follow the unique procedural order; often, this

procedure mimics the civil procedure.

What follows is the series of events, statements, or

documents one would expect in such a case. e plead-

ings and briefs are missing.

Email from Leslie Smith

:  December , : 

: Leslie Smith

: Young Litigator 

: New case

Litigator: I need help and quickly. My father is very old

and is in the clutches of a nasty neighbour who is taking

my father for all he is worth. He has taken my father’s

house and his money. He won’t let me see my father at

all, even at Christmas. I made an appointment with your

receptionist. I hope you can help.

Email from Michael Jones

:  January , : 

: Michael Jones

: Young Litigator 

: William Smith

Litigator: I am being harassed by the estranged child of my

close friend, William Smith. is person calls at all times

of the day and insists on seeing William after many years

of no connection. I hold the power of attorney. I want to

see you to determine how I can end this harassment.