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Articles by John Poyser
Crossing the threshold
Gabriella Banhara and John Poyser TEP highlight how the law in Canada dealing with the capacity to make inter vivos gifts is contradictory and unsettled CPD Vulnerable client Canada The emerging and arguably best view as to the legal capacity to gift under Canadian law is expressed in MacGrotty v Anderson.[1] That view is consistent with the derived and expressed law in two cases from Ireland and England and Wales.
Good counsel | STEP Journal
John Poyser TEP and Bryan Gilmartin on capacity to retain counsel, instruct counsel and litigate, in Canada CPD Vulnerable client Canada Lawyers must be familiar with and attuned to issues associated with decisional capacity/incapacity.
Litigation mitigation
Litigation is an expensive tool. This is true not only for the parties, who pay legal fees, but also for lawyers and other professionals who are called as witnesses, so disrupting their practices. STEP members ignore capacity issues at their peril. This article provides some tips to avoid the cost and stress of litigation. Identify the applicable capacity test A lawyer should be engaged and asked to identify the capacity test that is to be applied to the task at hand.
Bently Fields Farm
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