Palichuk v. Palichuk

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Citation2023 ONCA 116
Date23 February 2023
Docket NumberC70118

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8 practice notes
  • Hemmings v. Peng
    • Canada
    • Court of Appeal (Ontario)
    • April 30, 2024
    ...on the same basis as other findings of fact: R. v. S.A.B., 2003 SCC 60, [2003] 2 S.C.R. 678, at paras. 62-63; Palichuk v. Palichuk, 2023 ONCA 116, at para. 55; Slocan Forest Products Ltd. v. Trapper Enterprises Ltd., 2011 BCCA 351, at para. 16. On this issue, I am satisfied that the trial j......
  • Troy et al. v. Troy et al.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 28, 2024
    ...while the testator is still alive. [42] This issue was thoroughly discussed by the Court of Appeal for Ontario in Palichuk v. Palichuk, 2023 ONCA 116, 84 E.T.R. (4th) [43] First, r. 14.05(3) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (“Rules”) does not refer to a will of a livin......
  • James v. James
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 10, 2024
    ...the question of undue influence was determined while the grantor of a power of attorney was both alive and capable: Palichuk v. Palichuk, 2023 ONCA 116. In that case, a 90 year old mother signed a Will which disinherited her daughter, signed powers of attorney for property and care which re......
  • Making Foolish Decisions Does Not Mean The Person Lacks Capacity
    • Canada
    • Mondaq Canada
    • February 25, 2025
    ...is incapable, the biggest weight in its consideration is the medical evidence. As of the most recent decision, Palichuk v Palichuk, 2023 ONCA 116, where a 90-year-old mother disinherited her daughter and signed a new Power of Attorney appointing her other daughter, the court said that the q......
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1 firm's commentaries
  • Making Foolish Decisions Does Not Mean The Person Lacks Capacity
    • Canada
    • Mondaq Canada
    • February 25, 2025
    ...is incapable, the biggest weight in its consideration is the medical evidence. As of the most recent decision, Palichuk v Palichuk, 2023 ONCA 116, where a 90-year-old mother disinherited her daughter and signed a new Power of Attorney appointing her other daughter, the court said that the q......