Abrams v. Abrams, 2009 ONCA 522
COURT OF APPEAL FOR ONTARIO
Sharpe, LaForme and Watt JJ.A.
BETWEEN
Stephen Abrams
Applicant (Appellant)
and
Ida Abrams, Judith Abrams, Philip Abrams and The Public Guardian and Trustee
Respondents (Respondents in appeal)
M. Teitel, for the appellant
David Lobl, for the respondent Philip Abrams
Heard: June 25, 2009
On appeal from the Order of Justice G.R. Strathy of the Superior Court of Justice dated December 19, 2008.
APPEAL BOOK ENDORSEMENT
1The respondent does not oppose the addition of the words "the contents of" to paragraph 1(e) of the amended order giving directions.
2We are not persuaded that any further change is required to paragraph 1(e). We take the phrase "knowledge and approved" to be a term of art to describe the legal capacity to execute a valid power of attorney. Paragraph 1(e) simply identifies the issue to be tried. The parties are at liberty to make submissions at trial as to the appropriate legal test and paragraph 1(e) does not preclude any argument as to the nature of that test.
3In the result, subject to the addition of the words "the contents of", the appeal is dismissed.
4No order as to costs.