Legal Blog

Power of Attorney

Armitage v. Salvation Army 2016 Ont CA

An attorney under a power of attorney for property has a right to compensation for the work the attorney has done. The Substitute Decisions Act allows the attorney to take annual compensation. However, the attorney can wait, even after the death of the person giving the power, before the attorney passes the accounts. A passing of accounts is not a “claim” pursuant to the Limitations Act and there is no limitation on the right of an attorney to request compensation and pass the accounts, subject to a defence that the attorney has waited too long in general (i.e. laches) or acquiesced to the status quo of payment.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.