Appendix. Case Scenario

AuthorJohn Hollander
case scenario
case scenario
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-
 
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 wont 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.

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