Articles 2023

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Today

Zhang Hong Li and others v DBS Bank (Hong Kong) Ltd.: Case Comment

  • May 04, 2020
  • Marly Peikes, associate lawyer, O'Sullivan Estate Lawyers LLP

Those who draft complex trust instruments need to keep in mind various clauses that can modify a trustee’s duty, offering protection where liability would otherwise attach. This blog discusses a recent Hong Kong case and its upholding of an anti-Bartlett clause, used to to exclude a trustee's duty to supervise or intervene in the management of a company in which the trust holds shares.

Student Forum, Trusts and Estates Law

Kissing Cousins Reunited: Focus On Family Law Issues In Estates Planning

  • May 04, 2020
  • Jessie Gomberg, LLM Candidate, University of Windsor

A summary of some useful practice tips covered at the OBA Program Kissing Cousins Reunited: Focus On Family Law Issues In Estates Planning, including how to manage joint retainers - and when to avoid them - for spouses with blended families.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – March 17, 2020

  • May 04, 2020
  • Rebecca Rauws, associate, and 
Devin McMurtry, articling student, Hull & Hull LLP

In the face of Covid-19, the OBA’s Brown Bag Lunches have continued via Zoom, and become an even more important forum for practitioners. At the March BBL meeting, members grappled with new challenges of court closures and practicing in the era of social distancing, plus more enduring issues such as the relationship between capacity to consent to MAID and testamentary capacity, and an attorney for property or personal care’s ability to make substitute decisions about reproductive material.

Student Forum, Trusts and Estates Law

The Case of Lawen Estate and Implications in Ontario

  • May 04, 2020
  • Matthew Urback, Partner, Shibley Righton LLP

In Lawen Estate, the Nova Scotia Supreme Court held that testamentary autonomy is protected by s. 7 of the Charter, and the provisions of the Testators’ Family Maintenance Act which allow a judge to grant dependant's support to independent adult children were not saved by s. 1. This article considers what the court's ruling might mean for dependant's support legislation across Canada, as well as what effect it might have on the court's approach to public policy limits of testamentary freedom.

Student Forum, Trusts and Estates Law

Commissioning Affidavits During Covid-19

  • May 04, 2020
  • Angela Casey, partner, and Lucy Goytisolo, law clerk, Casey & Moss LLP

While social distancing remains in effect, everyday elements of our legal practice have become the most complicated. This article summarizes the guidelines available for virtual commissioning of affidavits and sets out a step-by-step process for putting virtual commissioning into practice, including the pros and cons of different methods, some stumbling blocks, and how to mitigate the associated risks.

Student Forum, Trusts and Estates Law

Update from the Estates List Users Committee

  • May 04, 2020
  • Gillian Fournie, OBA Trusts & Estates Executive member, on behalf of the Estates List Users Committee

This article is essential reading for those with matters before the Toronto Estates Court. The Estates List Users’ Committee (“ELUC”) is comprised of members of the Toronto Estates Court and various stakeholders, including representatives of the OBA Estates & Trusts executive, who meet regularly to discuss issues affecting the court. This article summarizes the direction given by the court at recent meetings regarding practice during the suspension of normal court operations.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – February 18, 2020

  • April 06, 2020
  • Rebecca Rauws, associate, and Celine Dookie, articling student, Hull & Hull LLP

Topics discussed at the February meeting included disclaimer provisions in mutual wills, tax treatment of attorney compensation, thorny issues facing the calculation of estate administration tax, and estate trustee liability in the face of an insufficient holdback, among others.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – January 14, 2020

  • March 03, 2020
  • Rebecca Rauws, associate, and Tony Ma, articling student, Hull & Hull LLP,

A summary of the topics discussed at the January meeting of the OBA's Brown Bag Lunch program, or "BBL." Discussion covered planning-related topics such as ODSP limits, lifetime benefit trusts, and the prudent investor rule, as well as litigation issues such as bank policies around multiple attorneys acting under a joint POA, and the court's process when a Notice of Objection to a Certificate of Appointment of Estate Trustee has been filed.

Student Forum, Trusts and Estates Law
Kira Domratchev

Is an RESP a Trust? .... And So What If It Is?

  • March 03, 2020
  • Kira Domratchev, Hull & Hull LLP

Is an RESP a trust? The answer, this author discovers, depends on the context, and maybe the province. This article aims to cut through the confusion by going back to first principles, applying them to the unique ownership features of an RESP, and then considering how the case law compares.

Student Forum, Trusts and Estates Law
Cara Zacks

Party Time? Naming Parties in a Dependant Support Application

  • March 03, 2020
  • Cara Zacks, Casey & Moss LLP

In law, sometimes the simplest questions are the most difficult to answer. This article explores why the fairly basic question of "who should I name as a party?" could yield contradictory answers in the context of a dependant's support application. In the face of a potential contradiction between the Succession Law Reform Act and the Rules of Civil Procedure, this article suggests some best practices for avoiding a last-minute adjournment of your client's application. 

Student Forum, Trusts and Estates Law