Articles 2020

On June 25, the OBA convened a webinar panel of legal practitioners in the field of child and youth law to discuss the impact that Part X of the Child, Youth, and Family Services Act will have on service providers, and the challenges that are likely to arise throughout its implementation across the province.

The last Brown Bag Lunch of the term saw participants revisiting last month's discussion of the and comparing approaches to drafting Wills where the testator holds a RIF, speculating about increased probate and capital gains taxes in the future, and expressing frustration at probate application delays resulting from the court closure. Join in on the discussions in September, when the BBL reconvenes for a new term.

On those occasions where a bond is prima facie required, and the estate trustee cannot obtain an order dispensing with the requirement, how does one proceed? What exactly is a bond, how is it obtained, what does it cost, and how long must it be maintained? This article answers those basic questions and more, giving estates practitioners the necessary information to guide clients through the process.

As of 2021, trust reporting requirements will increase for non-resident trusts and certain Canadian-resident trusts. Find out how to meet the requirements and set up trusts for success in this new reporting regime of heightened disclosure, accountability and transparency obligations.

This summary of the latest Estates List Users Committee (“ELUC”) meeting provides guidance on various proceedings during the court closure, including the preferred practice for submitting probate applications to the Toronto court, how to deal with unopposed passing of accounts, and the court's position on virtually commissioned affidavits.

In Toronto Star v. AG Ontario, 2018 ONSC 2586, the Ontario Superior Court of Justice held that it was contrary to the Charter to apply the Freedom of Information and Protection of Privacy Act to adjudicative documents of administrative tribunals. This article reviews the Superior Court's decision, the subsequent enactment of the Tribunal Adjudicative Records Act, and privacy obligations specific to the WSIAT.

In 2019, the Supreme Court of Canada overhauled the established framework for determining the appropriate standard of judicial review. A reasonableness standard is now the presumptive standard. This article discusses both the new standard of review framework and the recent decision in Radzevicius v. Workplace Safety and Insurance Appeals Tribunal, wherein the new framework was applied to a WSIAT decision for the first time.

The May meeting of the Brown Bag Lunchers continued to focus on pandemic-related topics, including concerns regarding remotely executed Wills, best practices for execution, and practical difficulties dealing with banks. Participants also considered the recent and surprising case of Calmusky v. Calmusky, in which the court applied Pecore principles to a RIF beneficiary designation.

At the April 2020 Brown Bag Lunch meeting, attendees discussed recent case law on the possible "carry over" of beneficiary designations when one investment is automatically converted to another, the ongoing state of emergency, and their practices and preferred technology for remote execution of Wills, among other topics.