OBA Members met in February 2025 for the monthly Brown Bag Lunch meeting. As always, participants came equipped with interesting discussion and practice questions, and were ready to share their thoughts and suggestions with their fellow BBLers.
Participants began the meeting with a fascinating discussion about a few online platforms/services related to Wills and estate planning, with BBLers in attendance sharing their candid thoughts in that regard.
One BBLer raised the recent decision, Cooke Family Trust et. al. v Dioguardi et. al., 2025 ONSC 370. In that case the court decided that a negligence claim against the lawyer who had drafted the Will could not proceed, as probate had already been issued and the negligence claim was deemed to be a collateral attack on the certificate of appointment of estate trustee. Some attendees shared their views in respect of the decision.
Attendees then moved onto a discussion about the perennial topic of the court’s timing for processing applications for a certificate of appointment, as well as some related matters including timing to receive the court file number for probate applications. Some BBLers shared the recent turnaround times in their respective jurisdictions; currently the Toronto court has been fairly quick in processing applications, while other areas such as Kingston and Walkerton have become slower recently. Attendees also shared their experiences with timing for virtual vs. physical filing.
Finally, one participant raised a question about abatement of gifts made in a Will, leading to an interesting refresher discussion amongst attendees about the order of abatement, and how it might apply to the BBLer’s particular situation.
The next Brown Bag Lunch meeting will be held on April 15, 2025 at 12:00pm. If you would like to attend, please contact the moderator, Rebecca Kennedy, at rkennedy@agbllp.com for Zoom details.
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