Articles 2022

Spence v. BMO Trust Company is a recent and noteworthy decision of the Ontario Court of Appeal that defines the limits of the court’s power to strike down testamentary provisions on the basis of public policy.

Minors can be registered as owners of real property in Ontario in their own names without the requirement of a trustee on title. This has several implications, including the need to involve the court and the Office of the Children's Lawyer in proposed transactions involving a minor's real property.

A look back at the OBA's April 19, 2016 Brown Bag Lunch program.

A look back at the OBA's March 15, 2016 Brown Bag Lunch program.

Applications for guardianship of an incapable person frequently involve the use of evidence that is technically hearsay. The courts are seldom rigorous in applying the common law hearsay evidence rule in guardianship and capacity proceedings, although the rule is observed more carefully in contentious guardianship applications.

Rule 65 of the Rules of Civil Procedure provides for the judicial administration of an estate. It has not had reported use for decades.

In Ontario, property consequences upon marriage can be drastic. This particularly causes problems in second or subsequent late-life marriages where a person's testamentary capacity may be compromised. Other provinces have addressed this with new succession laws; Ontario can make a similar change.

A look back at the OBA's February 16, 2016 Brown Bag Lunch program.

A look back at the OBA's January 19, 2016 Brown Bag Lunch program.

An estate trustee has a duty to keep accurate accounts, but no positive obligation to pass accounts. An estate trustee may be compelled to pass accounts subject to the discretion of the Court. There are several common reasons why the Court may decline to exercise discretion to order a passing.