Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - June 6, 2022

  • December 22, 2022
  • Ontario Estates Bench-Bar Liaison Committee

Ontario Estates Bench-Bar Liaison Committee

June 6, 2022

4:30 p.m.

Via Zoom

Meeting called by:

Justice Dietrich

Type of meeting:

Regularly scheduled quarterly meeting (third scheduled meeting of committee)

Facilitator:

Justice Dietrich, Chair

Note taker:

Sydney McIvor, Judicial Law Clerk

Attendees:

Mdm. Justice Dietrich (Chair), Mdm. Justice Wilson, Mdm. Justice Sheard, Mdm. Justice Woodley, Mdm. Justice Fowler Byrne, Laura Craig (counsel, Office of the Chief Justice), Michelle Chen (Manager, Civil Trial Office), Sydney McIvor (Judicial Law Clerk), Monica Simion (MAG – Manager, Court Operations), Natasha Marjadsingh (MAG – Court Operations), Linda Omazic (counsel, Operational Support Branch, Court Services Division)

Susan Easterbrook, Lou-Anne F. Farrell, Andrea M. Hill, Ian Hull, Margaret E. Rintoul (Toronto Estate Planning Council representative), Marshall Swadron, Kimberly A. Whaley, Marni Whitaker, Kathleen McDormand (OBA representative), Caroline Abela (The Advocates’ Society representative), and Alison Lester (Federation of Ontario Law Associations representative)

Regrets

Bosco Mascarenhas (MAG – Supervisor of Court Operations), Kathleen MacDougall – CAMH representative, Kavina Nagrani – OBA representative, and Angelique Moss (OBA representative)

Minutes

1.

Welcome

Presenter:

Justice Dietrich

Justice Dietrich welcomed Committee members

2.

Approve Minutes

Presenter:

Justice Dietrich

Discussion:

January 31 meeting minutes approved (moved by, K. Whaley, Seconded by M. Whitaker)

3.

Review of Action items

Presenter:

Justice Dietrich/ Laura Craig

Discussion

  1. Use of Toronto estate model orders in other regions (Laura Craig)
    • L. Craig to enquire with RSJs whether they would like estate procedures and the Toronto model orders as part of their regional practice directions
    • Ongoing
  2. Estate model orders on the SCJ website: FOLA to distribute to law associations across the province as an additional resource.
    • FOLA representative confirmed that the link to the model orders was sent to executive director and will be circulated
  3. Deferred – Model affidavit for requests to dispense with filing of administration bond: this Committee will wait to see if the amendments Rules of Civil Procedure regarding filing administration bonds result in a decrease in the number of applications being rejected by court staff due to errors or omissions.  
    • Members agreed that the amended rules in force on July 1, 2022, set out the required information for an affidavit in support of a request to dispense with the filing of an administration bond.  
  • Members of the estates bar will be reminded of the amendments coming into force on July 1, 2022 (L. Omazic).
  1. Google LLC Model Order for releasing passwords of deceased:
    • Justice Woodley confirmed that Her Honour received information from Google LLC but it does not fully answer the questions of the Committee. Her Honour to follow up to seek more information.
  2. Court Staff Procedures – Registrars may need more direction respecting the fact that they do not need to reject an application if the memorandum is not a binding memorandum. L. Omazic reminded court staff of the correct procedure and sent the revised staff Estates Procedures Manual to committee members. Members may wish to put their name on a mailing list to receive the Estates Procedures Manual each time it is updated.

Action items

Person responsible

Deadline
  • Send out reminder email to membership re: new regulations

L. Omazic/ L. Craig

July 1, 2022
  • Follow up re: Google LLC Model Order

Justice Woodley

N/A
  • Send updated Estates Procedures Manual members

L. Omazic

N/A