Ontario Barrister and Solicitor Practice Exam

Who would be disqualified from acting as a witness to Ms. power of attorney, where Ms. lawyer is appointed attorney?

1. Ms. neighbor

2. The student at law at Ms. lawyer's office

3. Ms. family member

4. The office assistant at the law firm

The correct answer is: The student at law at Ms. lawyer's office

In the context of witnessing a power of attorney document in Ontario, certain individuals may be disqualified from serving as witnesses due to potential conflicts of interest or undue influence concerns. A student at law at Ms. lawyer's office would be disqualified because they are associated with the lawyer who is appointed as the attorney. This relationship creates a risk of bias or influence, which can undermine the integrity of the power of attorney. The witness's role is to ensure that the person granting the power of attorney understands the document and is not being coerced. If the witness has a direct connection to the attorney—in this case, being an employee or student at the attorney's office—it could be argued that they may not be impartial or might be subject to the attorney’s influence. In contrast, a neighbor, a family member, or an office assistant might not have the same level of conflict, although each comes with its own considerations. For instance, while the office assistant could have a professional relationship with the attorney, they are not directly linked in the same way as a student at law. Thus, in this scenario, the disqualification is clearly established for the student at law based on principles of conflict of interest and the need for impartiality in witnessing the document.