Articles 2025

The Court's decision in this case turns on the somewhat puzzling distinction between a life interest and a license to use a property - a distinction that courts have not consistently applied, but which in Barsoski resulted in the Deceased's intended gift to the Respondent failing entirely. Despite the lack of clarity in the law regarding licenses to use vs. life interests, drafting lawyers can take certain clear steps, enumerated here, to make sure the testator's wishes are upheld.

At the February BBL meeting, participants discussed the details of the Small Estates Process, to come into effect April 1, and the important differences from the regular application procedure. This article's summary of that discussion is helpful reading for anyone planning to use the new process. Other topics of discussion included billing practices for estate administration work, and e-certificates of appointment. The next BBL is March 16 - we hope to see you there!

The first Brown Bag Lunch of 2021 kicked off the year with discussion of Barsoski v. Wesley, and various considerations related to the increasingly virtual nature of our practice: e-filing of probate applications, electronic Certificates of Appointment, and virtual witnessing.

The Public Guardian and Trustee (PGT) liaison committee of the Trusts and Estates section is inviting comments on the PGT’s initiative to modernize their online Power of Attorney information. Those interested in commenting should review the PGT summary of the initiative and request for feedback, provided here, and send any submissions by email to Alex Procope (aprocope@pbplawyers.com) by March 26, 2021.

It's not unusual for an executor to find themselves faced with an insolvent estate. Given insolvent estates are rarely the subject of litigation, however, there is a dearth of case law to help the executor determine whom to pay first. This article provides much needed guidance on that topic, in light of section 50(1) of the Trustee Act, and case law on the priority of debts to the federal and provincial Crowns.

In Kovintharajah v. Paragon Linen and Laundry Services Inc., 2021 HRTO 98, Vice-Chair Bruce Best held that an employer violated the Human Rights Code (the “Code”) by revoking an existing family status accommodation that allowed an employee to leave work before the normal end of the shift in order to meet their child care responsibilities.

Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 15, 2021. Also, please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with myself and Chloe Snider of Dentons.