Deadbeat

About ArticlesLes articles ci-dessous sont publiés par la Section du droit des fiducies et des successions de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Rebecca Kennedy

Aujourdʼhui
Aujourdʼhui

Superior Court Decisions Depart from Calmusky

  • 03 juillet 2021
  • Laura Cardiff, Casey & Moss

Two recent Superior Court judges depart from the court's ruling in Calmusky that a beneficiary designation is subject to the presumption of resulting trust.

Student Forum, Droit des fiducies et des successions

Capacity to Marry: The Case of Tanti v Tanti et al

  • 03 juillet 2021
  • Jennifer Corak, Miller Thomson LLP

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.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – May 18, 2021

  • 03 juillet 2021
  • Rebecca Rauws and Tori Joseph, Hull & Hull LLP

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.

Student Forum, Droit des fiducies et des successions

ELUC Meeting Minutes - March 24, 2021

  • 03 juillet 2021
  • Estates List Users Committee

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.

Student Forum, Droit des fiducies et des successions

Notes from the Judges Dinner

  • 12 mai 2021
  • Laura Cardiff, newsletter editor

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.

Student Forum, Droit des fiducies et des successions

Bill 245 Receives Royal Assent, Bringing Reform to Ontario Estate Law

  • 12 mai 2021
  • Honor Lay, Miller Thomson LLP

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.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – April 20, 2021

  • 11 mai 2021
  • Rebecca Rauws, lawyer, and Juanita Valencia, articling student, Hull & Hull LLP

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.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – March 16, 2021

  • 11 mai 2021
  • Rebecca Rauws, lawyer, and Tori Joseph, articling student, Hull & Hull LLP

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.

Student Forum, Droit des fiducies et des successions

How to Combat Ageism in the Practice of Law

  • 10 mai 2021
  • Alex Procope, Perez Bryan Procope LLP

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.

Student Forum, Droit des fiducies et des successions

Minutes from the January 20, 2021 ELUC Meeting

  • 10 mai 2021
  • Estates List Users Committee

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.

Student Forum, Droit des fiducies et des successions