September 15, 2020 marked the beginning of the Trusts and Estates section’s Brown Bag Lunches (“BBLs”) for the new OBA term. The BBLs are continuing to take place by Zoom, and we fortunately saw a great turnout of BBLers from across Ontario in September.
The discussion jumped straight into the often frustrating delays occurring on the Toronto Estates List. Specifically, the turnaround time on applications for a certificate of appointment of estate trustee can be lengthy. While some have found 6-7 months to be the norm for regular probate applications, one BBLer has already waited around a year for a certificate of ancillary appointment. The BBL’er in question was considering filing a motion to seek to have the certificate issued, but that would, of course, add cost. The timelines in Toronto are in stark contrast to the average turnaround time for probate applications in Ottawa, which some BBL’ers report is hovering around the 4-6 week mark.
There was some discussion about the various Toronto Estates List sub-committees, and their respective mandates. The Estates List Users Committee deals with matters such as issues with process, including delays. There was a question as to whether this Committee makes meeting minutes available. Unfortunately, none of the BBLers in attendance were part of the Estates List Users Committee. However, since the September BBL, it has become apparent that updates from the Estates List Users Committee are published in the OBA Trusts and Estates Law Section’s Newsletter. The most recent update as of the time of writing can be found here
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