Articles 2019

The "deceptively simple" question of whether a spouse had capacity to marry is one that lies at the intersection of family, estates and elder law. This case comment reconsiders the important decision of Tanti v. Tanti, on capacity to marry, in light of the reforms to the SLRA by the Accelerating Access to Justice Act. As the author explains, even after the SLRA amendments come into force on January 1, 2022, marriage has the potential to dramatically change the distribution of a spouse's estate.

Gain insight into issues facing your fellow estates & trusts practitioners through this summary of the May meeting of the BBL group. Topics included the applicability of land transfer tax to various forms of transfers from an estate to a beneficiary, the changes effected by the Accelerating Access to Justice Act, 2021, and how to deal with various unusual testator requests, including for the destruction of estate property.

At the March meeting of the Estates List Users Committee, stakeholders discussed wait times for court dates, various measures the court has implemented to reserve time for contested matters, and how the Bar can assist in reducing the scheduling backlog over the upcoming months. The Minutes also provide resources for counsel working with CaseLines, which is now being used for all contested matters on the Estates List.

On Thursday, April 8, members of the estates bar gathered for the annual OBA “Evening with Your Honourable Estates List Judges,” held as a Zoom webinar this year. Despite the changed format, the event remained a valuable means for attendees to hear directly from judges about matters unique to the estates list. Members who were unable to attend can refer to this summary of some of the information provided.

The Accelerating Access to Justice Act brings significant changes to the Succession Law Reform Act and the Substitute Decisions Act. Drafting lawyers and litigators alike will want to familiarize themselves with the recent reforms, helpfully summarized in this article.

BBL discussion at the April meeting touched on topics such as the legislative changes brought about by Bill 245, ongoing issues and inconsistencies with the practice of accepting electronic signatures, Estate Information Returns, and whether it is indeed possible to get a refund from the Ministry of Finance for excess probate fees.

At the March meeting of the OBA's BBL group, the discussion focussed on electronic filing and issuance of Certificates of Appointment of Estate Trustee, various issues with the process and electronic version of the Certificates, and direction members had received from the court staff.

What is ageism, and are we as estates practitioners guilty of it? This articles considers some common practices of estates lawyers that may be driven by unconscious bias against older people, and offers suggestions on how to adjust our practices to combat that bias.

At the January meeting of the Estates List Users Committee, topics discussed included wait times for probate applications and short scheduling appearances, and current practices for filing and putting materials before a judge.

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.