Articles 2024

In January 2023, the Ontario Estates Bench-Bar Liaison Committee met to discuss various matters, including scheduling issues, issues that can arise in applications for an ancillary grant or resealing, timing for filing confirmation forms, and the requirement for filing compendiums.

On April 18, members of the OBA Trusts and Estates Law Section met to discuss practice tips and share their experiences. As usual, participants had a lively discussion on topics such as joint accounts, and the new trust reporting requirements for bare trusts.

OBA members met in March for the monthly Brown Bag Lunch session. Topics discussed included the current turnaround time for probate applications, and the recent Grattan v Grattan decision in which the court relied on the new substantial compliance provision of the Succession Law Reform Act.

In Rovi Guides, Inc. v. Bell Canada, 2022 FC 1388, Justice Lafrenière adjudicated a trial involving the infringement and invalidity of four patents relating to interactive television programming guides—the kind of technological features that many of us rely on to enhance our television viewing. However, this decision may have dramatic effects on the prosecution of patents before the patent office.

In the case of Jonas v Jonas, the Ontario Court of Appeal considered the proper interpretation of a Will’s residue clause. Jennifer Corak reviews the decision, including the trial judge’s application of the “armchair rule” in light of the ambiguity of the clause in question.

The Trusts and Estates Law Section’s Public Affairs Liaisons, Krystyne Rusek and Angelique Moss, provide an informative update on current and upcoming legislative changes and public affairs issues.

The February Brown Bag Lunch meeting saw OBA members gather to discuss interesting topics such as when a joint account should be considered an estate asset, and how to deal with a client whose deceased parent was living a “double life”. Members also received an update on the OBA’s response to recent developments in the LSO’s Access to Innovation Project.

In January, members of the OBA Trusts and Estates Section met for the monthly Brown Bag Lunch. As always, BBLers had a lively discussion addressing a variety of topics and questions about members’ practices, with practitioners always willing to share their thoughts and experiences.

At the December Brown Bag Lunch meeting, OBA members gathered to discuss interesting practice questions, including participants’ views on mutual Will agreements, and the Court’s recent treatment of affidavits in support of a request to dispense with a bond.

As of January 30, 2023 a lawyer's certificate of service may be used as an alternate method of proof of service where service was effected by, or caused to be effected by the lawyer.