Articles

About Articles The following articles are published by the Trusts and Estates Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Laura Cardiff

Today
Today

OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 15, 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Alternative Dispute Resolution, Civil Litigation, Family Law and 3 more..., Insurance Law, Labour and Employment Law, Trusts and Estates Law

Minutes: December 9, 2020 ELUC Meeting

  • March 03, 2021
  • Estates List Users' Committee

The Toronto Estates Court and its Estates List Users Committee (ELUC) have approved the publication of full Minutes (rather than summaries) of all ELUC meetings going forward. These December 2020 Minutes provide updates on probate wait times, issuing applications, booking hearing dates, and best practices for filing large records, among other matters.

Student Forum, Trusts and Estates Law

Barsoski v. Wesley: Case Comment

  • March 03, 2021
  • Marly Peikes, O’Sullivan Estate Lawyers LLP

The Court's decision in this case turns on the somewhat puzzling distinction between a life interest and a license to use a property - a distinction that courts have not consistently applied, but which in Barsoski resulted in the Deceased's intended gift to the Respondent failing entirely. Despite the lack of clarity in the law regarding licenses to use vs. life interests, drafting lawyers can take certain clear steps, enumerated here, to make sure the testator's wishes are upheld.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – February 16, 2021

  • March 03, 2021
  • Rebecca Rauws, associate, and Juanita Valencia, articling student, Hull & Hull LLP,

At the February BBL meeting, participants discussed the details of the Small Estates Process, to come into effect April 1, and the important differences from the regular application procedure. This article's summary of that discussion is helpful reading for anyone planning to use the new process. Other topics of discussion included billing practices for estate administration work, and e-certificates of appointment. The next BBL is March 16 - we hope to see you there!

Student Forum, Trusts and Estates Law

Brown Bag Lunch - January 19, 2021

  • March 03, 2021
  • Rebecca Rauws, associate, and Daniel Enright, articling student, Hull & Hull LLP,

The first Brown Bag Lunch of 2021 kicked off the year with discussion of Barsoski v. Wesley, and various considerations related to the increasingly virtual nature of our practice: e-filing of probate applications, electronic Certificates of Appointment, and virtual witnessing.

Student Forum, Trusts and Estates Law

Invitation for Comments on PGT Online POA Initiative

  • March 03, 2021
  • Alex Procope, PBP Lawyers

The Public Guardian and Trustee (PGT) liaison committee of the Trusts and Estates section is inviting comments on the PGT’s initiative to modernize their online Power of Attorney information. Those interested in commenting should review the PGT summary of the initiative and request for feedback, provided here, and send any submissions by email to Alex Procope (aprocope@pbplawyers.com) by March 26, 2021.

Elder Law, Student Forum, Trusts and Estates Law

Insolvent Estates: The Trustee Act and Debts Owing to the Crown

  • March 03, 2021
  • Jessica Karjanmaa, Donovan Kochman LLP

It's not unusual for an executor to find themselves faced with an insolvent estate. Given insolvent estates are rarely the subject of litigation, however, there is a dearth of case law to help the executor determine whom to pay first. This article provides much needed guidance on that topic, in light of section 50(1) of the Trustee Act, and case law on the priority of debts to the federal and provincial Crowns.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – December 15, 2020

  • December 22, 2020
  • Rebecca Rauws, associate, and Tori Joseph, articling student, Hull & Hull LLP

The final BBL meeting of the year focussed on things to come, including O. Reg. 690/20, which will change the process of applying for a Certificate of Appointment of Estate Trustee, and electronic filing of those applications.

Student Forum, Trusts and Estates Law

Make a Will Month - November 2020

  • December 22, 2020
  • Laura Cardiff, Newsletter Editor

Like almost everything this year, the OBA’s Make a Will Month looked a little different in 2020. The annual November event pivoted to an online platform for its presentations. Events were well attended, with participants attending from across and even outside the country, thanks to the flexibility offered by online programming.

Student Forum, Trusts and Estates Law