Articles 2020

Your Public Affairs Liaisons, Krystyne Rusek and Angelique Moss, have been hard at work bringing issues of legislative change and public affairs affecting the estates bar to the attention of our Executive and to our members. Further to the previous update provided in March, Krystyne and Angelique provide an additional update summarizing recent matters.

Although we are only halfway through 2023, there have been plenty of interesting trusts and estates decisions that have been released so far this year. In this article, Garrett Horrocks reviews several of the top cases from the first half of 2023.

As part of a series of Q&As, in this article Sanaya Mistry interviews Lucy Main and Lori Isaj of WeirFoulds LLP about their experiences in their estate planning practices.

Although the advent of virtual hearings has brought with it many advantages, it has also led to some confusion given differences in the presumptive mode of appearance in different courts. The OBA has created a helpful chart to assist in determining the mode of hearing.

The final Brown Bag Lunch of the OBA’s 2022-2023 term was held on June 20. As always, attendees came ready to share their wisdom and practice tips with others, including on the topics of estate planning for the family cottage, filing procedures for applications to prove a lost Will, and options to avoid probate.

In May, members of the OBA’s Trusts and Estates section met for the monthly Brown Bag Lunch. Topics discussed included advertising for creditors, tips for dealing with TFSAs, and beneficiary designations.

Estate administration can seem like a minefield even to the most seasoned practitioners. With every stage comes the risk of a misstep and with it, costly delays, legal disputes, and bitter family feuds. A recent OBA program provided guidance and solutions to help practitioners navigate the complexities of an estate administration.

The OBA Trusts and Estates Law Section hosted an Evening with Estate Judges on April 25. The Honourable Justices Dietrich, Gilmore, and Fowler Byrne attended and shared invaluable advice and tips with members of the estates bar.

In the recent decision of Alger v Crumb, the Ontario Court of Appeal considered a general revocation clause in a testator’s Will, and whether it was sufficient to revoke beneficiary designations for the testator’s RRIF and TFSA. In this article, Jennifer Corak reviews the Court of Appeal’s considerations and conclusion.

MAID is a complex topic and the laws surrounding it require a delicate balance of competing considerations – from preserving a person’s dignity to protecting those who are vulnerable. MAID laws have been subject to considerable review and development since their introduction, and it is expected that they will continue to evolve as the concept develops. Andrea Tratnik and Christina Kim review the history and current status of MAID laws in Canada.