Ontario Solicitor Bar Practice Exam

A student at law at the lawyer's office is disqualified from witnessing a power of attorney when the lawyer is appointed as the attorney because of the potential for conflict of interest and issues surrounding the capacity to provide impartial witnessing. The presence of a student at law in the same office can create concerns about undue influence or pressure, even if this influence is unintentional. Witnesses must be independent to ensure that the principal's execution of the power of attorney is voluntary and correctly represents the principal's intentions, free from any influence from the attorney or those affiliated with them.

While family members, close friends, and commercial clients may have personal connections or professional relationships with the principal, they are not inherently disqualified to serve as witnesses. Their relationships do not automatically compromise the integrity of the witnessing process as long as they can demonstrate independence in confirming the principal's intent. The requirement for independence in the context of a student at law emphasizes the importance of guarding against any perceived or real conflict when a lawyer is involved as an attorney in the transaction.