An appeal concerning the validity of a continuing power of attorney for property executed by an elderly woman in favour of one of her twin sons.
The appellant challenged the validity of the power of attorney on grounds of undue influence and suspicious circumstances, arguing that the respondent son had coerced the grantor into executing the document by restricting her access to funds needed for basic living expenses.
The motion judge upheld the validity of the power of attorney, finding no evidence of undue influence or suspicious circumstances.
The Court of Appeal dismissed the appeal, holding that the transaction was rational and explicable by the parties' relationship, and that the motion judge correctly applied the law.
