Articles 2023

Highlights from the November 19, 2019 Brown Bag Lunch, including discussions of Notice Connect's Will registry, minor children as beneficiaries of Henson trusts, the use of the phrase "children per stirpes," how a successor executor can be appointed, and a new approach to confirming the capacity of a potential testator client.

A summary of the Charter Conference on October 3, 2019.

A short piece about LAO funding cuts, noting that budgetary policy may be being implemented in a discriminatory way.

A reminder to the profession: estate administration tax rates change effective January 1, 2020, as do deadlines for Estate Information Returns. Update your probate fee calculators and tickler systems accordingly!

In several common scenarios, an estate trustee may have to post a bond before the court will grant probate. Estate trustees routinely ask the court to waive the bond requirement, but the application process is more rigorous than many estates practitioners appreciate. Don't have your client's application needlessly rejected. This article, Part 1 of a two-part series, highlights common mistakes and oversights. Part 2 will explain how to obtain a bond, if it becomes necessary.

Highlights from the October 15 meeting of the OBA's Brown Bag Lunch program for estates and trusts practitioners, including discussion of common probate issues, insolvent estates, electronic estate-planning tools, and the purpose (or lack thereof) of survivorship clauses.

A summary of the Minister of Seniors Mandate Letter includes creating a national definition of elder abuse.

Victims of crime in Ontario will now get significantly less compensation and will no longer have their cases heard before an impartial adjudicator after Bill 100 amends the Compensation for Victims of Crime Act and dissolves the Criminal Injuries Compensation Board.

Review of the November 28th program co-chaired by the Aboriginal Law and Child and Youth Law sections entitled: Legislative Spotlight: Bill C-92 and its impact on your practice.

In October, the MECP posted a proposal to the Environmental Registry for amendments to O. Reg. 63/09 under the Ontario Pesticides Act. The proposal would replace pesticide Classes 1 to 6 with four classes – Class A (manufacturing), Class B (restricted), Class C (commercial) and Class D (domestic). Class 12, which relates to neonicotinoid treated seeds, would be replaced with Class E. Classes 7 to 11, would no longer be needed as they would be expressly incorporated into the Regulation.