Articles 2023

Although it is rare that a matter actually proceeds to trial, it is important for counsel to feel comfortable with conducting one. In this fifth session of the OBA series about Will challenges, panelists shared tips and best practices in preparing witnesses, strategizing for cross-examination, and costs. Charlotte Hobson provides a summary of the program and shares her thoughts.

At the final Brown Bag Lunch of 2021, members of the Trusts and Estates Section gathered to discuss a variety of fascinating topics. Attendees shared recent updates to the law and interesting Court decisions, and had an interesting discussion about how patents and royalties are dealt with upon the death of the holder.

At the December meeting of the Estates List Users Committee, members discussed several important topics, including an update on the Estates Court, new scheduling procedures, and over the counter orders. Going forward, the ELUC will have a different format and will extend to the entire province of Ontario, instead of just Toronto.

The Honourable Justice Glenn Hainey passed away in October. He had a remarkable career and his contributions to the estates world during his time on the bench at the Toronto Estates List cannot be overstated. He will be greatly missed by the estates bar.

The manner in which the steps leading up to a Will challenge trial are dealt with can have a significant impact on how the proceeding is ultimately concluded. In this article, Charlotte Hobson shares a summary of the fourth session of the Trusts and Estates Sections program dealing with Will challenges. This session addressed important steps including mediation, examinations, and retaining an expert witness.

At the third session of the OBA's Will Challenges program series, the speakers' focus was on procedure and orders giving directions. Panelists explained the differences between proceeding by action or application, and factors to consider in determining which is most appropriate. There was also a helpful discussion about some terms of an order giving directions that are particularly relevant in Will challenges. Charlotte Hobson shares her experience attending the program.

The Estates List Users Committee met in September to discuss a number of matters, including the appointment of Justice Dietrich as the new head of the Toronto Estates Court, new court scheduling practices, and the new Estates Bench and Bar Committee, among other things.

At the November Brown Bag Lunch, attendees enjoyed a lively debate about a hypothetical situation raised by one BBLer related to a beneficiary's interest in a real property that was owned by a trust, and the conditions of that interest. Participants also brainstormed how to ensure that a testator's charitable gifts are made in accordance with their wishes in light of an obstacle to fulfilling those wishes.

In October, Trusts and Estates Law Section members gathered for the monthly Brown Bag Lunch. As always, participants raised interesting questions and topics for discussion, including missing beneficiaries, and how to designate a "successor owner" of an insurance policy. BBLers also discussed the upcoming changes to the Rules of Civil Procedure and the new probate forms.

Effective January 1, 2022, significant changes to the Succession Law Reform Act, the Rules of Civil Procedure, and the forms for probate applications are coming into force. In this article, Krystyne Rusek reviews a number of the procedural changes that will apply immediately in the New Year. Given that there is no transitional period during which these changes will be phased in, it is important to be aware of, and understand the changes to avoid delays and rejected applications.