Articles 2022

Estate administration can seem like a minefield even to the most seasoned practitioners. With every stage comes the risk of a misstep and with it, costly delays, legal disputes, and bitter family feuds. A recent OBA program provided guidance and solutions to help practitioners navigate the complexities of an estate administration.

The OBA Trusts and Estates Law Section hosted an Evening with Estate Judges on April 25. The Honourable Justices Dietrich, Gilmore, and Fowler Byrne attended and shared invaluable advice and tips with members of the estates bar.

In the recent decision of Alger v Crumb, the Ontario Court of Appeal considered a general revocation clause in a testator’s Will, and whether it was sufficient to revoke beneficiary designations for the testator’s RRIF and TFSA. In this article, Jennifer Corak reviews the Court of Appeal’s considerations and conclusion.

MAID is a complex topic and the laws surrounding it require a delicate balance of competing considerations – from preserving a person’s dignity to protecting those who are vulnerable. MAID laws have been subject to considerable review and development since their introduction, and it is expected that they will continue to evolve as the concept develops. Andrea Tratnik and Christina Kim review the history and current status of MAID laws in Canada.

In January 2023, the Ontario Estates Bench-Bar Liaison Committee met to discuss various matters, including scheduling issues, issues that can arise in applications for an ancillary grant or resealing, timing for filing confirmation forms, and the requirement for filing compendiums.

On April 18, members of the OBA Trusts and Estates Law Section met to discuss practice tips and share their experiences. As usual, participants had a lively discussion on topics such as joint accounts, and the new trust reporting requirements for bare trusts.

OBA members met in March for the monthly Brown Bag Lunch session. Topics discussed included the current turnaround time for probate applications, and the recent Grattan v Grattan decision in which the court relied on the new substantial compliance provision of the Succession Law Reform Act.

In Rovi Guides, Inc. v. Bell Canada, 2022 FC 1388, Justice Lafrenière adjudicated a trial involving the infringement and invalidity of four patents relating to interactive television programming guides—the kind of technological features that many of us rely on to enhance our television viewing. However, this decision may have dramatic effects on the prosecution of patents before the patent office.

In the case of Jonas v Jonas, the Ontario Court of Appeal considered the proper interpretation of a Will’s residue clause. Jennifer Corak reviews the decision, including the trial judge’s application of the “armchair rule” in light of the ambiguity of the clause in question.

The Trusts and Estates Law Section’s Public Affairs Liaisons, Krystyne Rusek and Angelique Moss, provide an informative update on current and upcoming legislative changes and public affairs issues.