Articles 2020

At the final session of the OBA series dealing with Will challenges, attendees had the privilege of hearing directly from three Superior Court judges, who shared their insight on effective trial advocacy. The judges also provided helpful practice tips on related matters, including length and contents of affidavits, and strategies for dealing with difficult opposing counsel. Charlotte Hobson shares her experience attending the program.

In January, OBA Trusts and Estates Law Section members gathered for the first Brown Bag Lunch of 2022. Discussion topics included recent updates and lively debates about whether and when to provide a copy of a Will to a disinherited individual, and an estate trustee's obligation to defend a dependant's support claim.

Although it is rare that a matter actually proceeds to trial, it is important for counsel to feel comfortable with conducting one. In this fifth session of the OBA series about Will challenges, panelists shared tips and best practices in preparing witnesses, strategizing for cross-examination, and costs. Charlotte Hobson provides a summary of the program and shares her thoughts.

At the final Brown Bag Lunch of 2021, members of the Trusts and Estates Section gathered to discuss a variety of fascinating topics. Attendees shared recent updates to the law and interesting Court decisions, and had an interesting discussion about how patents and royalties are dealt with upon the death of the holder.

At the December meeting of the Estates List Users Committee, members discussed several important topics, including an update on the Estates Court, new scheduling procedures, and over the counter orders. Going forward, the ELUC will have a different format and will extend to the entire province of Ontario, instead of just Toronto.

Navigating appeals to the Court of Appeal for Ontario (ONCA) can be a challenge for any lawyer. New lawyers navigating their first appeal to the ONCA are probably doubly stressed, particularly if they are working alone, and especially where the appeal is complicated by a motion to quash. In this article, Nancy Sarmento offers a fantastic ensemble of gems from the gurus of appellate advocacy.