Apr 11, 2025
If you’re gearing up to write the Ontario Bar Exam, you might be feeling a little anxious or overwhelmed. You’re not alone. These materials are notoriously dense, and these exams require a unique kind of preparation compared to traditional law school exams. Here are some tips to help you stay focused, stay sane, and ultimately, pass.
Organize Your Materials and Supplies
Most candidates are responsible for printing their own materials, so your first decision will be how you choose to organize them. Some test-takers use binders, but I chose to coil-bind each subject into its own booklet. This tends to be the most common method, as the smaller booklets are lighter and easier to flip through.
Once you’ve handled the printing, you’ll need to purchase tabs and multi-coloured highlighters. However many highlighters you think you’ll need, double it. Then create a highlighting system that makes sense to you. For example, many candidates highlight limitation periods in a distinct colour.
It’s best to print and organize your materials right away because unless you’re under a severe time crunch, it’s better to do all of your reading on the printed pages rather than on a PDF. This way you can highlight and tab important pages as you go.
Make a Study Schedule
This will be trickier than you think, especially if you’re writing both exams back-to-back.
First, you need to determine how much solicitor material you’d like to cover before writing the barrister exam. This is a double-edged sword: the more you cover in advance, the less fresh it will be in your mind on exam day. However, it would be highly inadvisable (and in my view, practically impossible) to try and cover all of the solicitor material in the two-week period between the two exams. Find a healthy balance.
Then, you’ll need to calculate how many pages you need to read per day. This material is incredibly dense, so try not to pick an unmanageable goal. You’ll want to build in flexibility for slower reading days and faster reading days. Based on the courses you took in law school and your general interest in different areas, some subjects will take a lot more time to get through.
Finally, decide how many days you want to leave at the end for practice (more on this below).
Read the Materials
Be prepared to spend several weeks per exam reading through these materials. Try to stick to your study schedule, but don’t hesitate to adjust it as needed.
This will be challenging. It’s easy to forget to prioritize your well-being, but no one does their best work when they’re exhausted. As you go through these materials, make sure to sleep, eat well, exercise, and take breaks. Keep in touch with supportive friends and family members and don’t put your mental health on the back burner.
Practice Practice Practice
Carve out several days (or more) in your study schedule for practice exams. This will be the most important part of your preparation. You will want to do these in the days leading up to the test, after you’ve read all of the material.
The time crunch on these exams is intense, so practice under timed conditions as much as possible. This will also help you develop time-saving strategies. Knowing when to move on from a question, even if you’re not completely sure about your answer, is an invaluable skill.
Write the Exam
Just like any other exam, make sure to sleep well the night before, eat a balanced breakfast and, above all else, arrive early. Review the LSO website in detail on arrival times and permissible items. Bring a good snack or two.
Finally, remember: you don’t need to be perfect, you just need to be prepared.
Colleen Dowling
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Mar 27, 2025
We are delighted to announce that Casey & Moss LLP partners Angela Casey, Angelique Moss, and Laura Cardiff have been recognized in the 2025 Canadian Legal Lexpert® Directory as leading practitioners in Estate & Personal Tax Planning – Estate Litigation. We are honoured to receive this recognition once again this year. We sincerely thank our peers, colleagues, and Lexpert for this recognition!
Mar 11, 2025
A guardianship application involves applying to the court to be appointed as an incapable person’s substitute decision maker for property management and/or personal care decisions.
When a party applies to the court to be named a guardian, this usually means that the incapable party did not have a power of attorney in place. The process can be stressful and regularly arises when family members realize they need to begin making financial decisions for the incapable party but are unable to do so without a power of attorney for property in place.
To complicate matters further, applicants seeking to be a loved one’s guardian of property are regularly required to obtain expensive bonds as security to ensure the safety of the incapable party’s assets.
The judge hearing the guardianship application will determine whether or not it is appropriate to forgo the requirement that a guardian obtain a bond (see: Grant v Robinson, 2024 ONSC 1558 and Connolly v. Connolly and PGT, 2019 ONSC 4148).
It is important to discuss with a lawyer the information a judge will need to determine whether a bond is necessary in the case at hand. Every situation is different, but it is often helpful to provide evidence on the following:
- The proposed guardian’s relationship to the incapable party. For example, a court may be less inclined to order that the spouse of an incapable party obtain a bond, especially where assets have always been jointly held between the proposed guardian and the incapable party.
- Whether the proposed guardian resides in and has assets in Ontario that could be used to repay the incapable party in the event funds are mismanaged or misappropriated.
- Information on the incapable party’s assets and the funds required to meet the incapable party’s care needs.
- Information on the estimated cost of a bond and whether the cost will be burdensome for the incapable party or is disproportionate to their assets.
- Whether the incapable party has made any specific gifts in their will.
- The proposed guardian’s intention to continue relationships with or retain professionals such as accountants and financial advisors to provide advice on investment strategy and the incapable party’s financial obligations.
- A plan to seek an order that the proposed guardian shall bring an application within two to three years to “pass their accounts”. A passing of accounts application requires the guardian to show the court all transactions related to the incapable party’s funds during the accounting period. The need for a bond can be reassessed on each passing application.
- A clear, common sense management plan that shows how the proposed guardian intends to manage the incapable party’s funds.
Overall, when bringing a guardianship application, it is critical to provide evidence on the proposed guardian’s honesty, integrity and their dedication to acting in the incapable party’s best interest. These factors and the specific examples above may militate against a finding that a bond is necessary.
Rebecca Suggitt
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Feb 20, 2025
On February 6, 2025, Cara Zacks was a panelist at the Ontario Legal Conference hosted by the Ontario Bar Association. Cara Spoke on a panel with family law lawyer Kelly Jordan on the subject of Marital Contracts After Death. The Panel was moderated by family law lawyer Ibtisam Jemal.
Cara presented on issues related to the enforceability of a marriage contract after death. In particular, she discussed setting aside provisions in a marriage contract through which a spouse releases the right to claim dependent support under the Succession Law Reform Act or to elect equalization after the death of a spouse.
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Feb 14, 2025
Are you investigating property ownership or searching for uncovered claims, liens or encumbrances in Ontario? The province’s land registration services are ONLY available online through ONLAND. ONLAND is the official portal for land records, allowing you to search by Property Identification Number (PIN), address, instrument, or map. But what if you don’t have the PIN or no records linked to the address can be found in the system? Here’s how you can still proceed.
Step One: Identify the Land Registry Office (LRO) Number
Your first step is to determine the correct LRO number. Enter the city or town name in the search bar on the ONLAND portal. The corresponding LRO location and number will be displayed. For example, tying “Scarborough” will show “Metro Toronto” with LRO number 80.
Step Two: Access Property Information
Once the LRO is identified, access the “Search” option under “Property” section, which allows you to search by PIN, address, instrument or map.
If you don’t have the PIN, you can still conduct searches by address or map feature.
Search By Address
This can be done by entering the municipal address (mailing address) of the property. Please note that you should enter only the street name, without additional identifiers. For example, for “Adelaide St E”, enter “Adelaide” only.
However, some properties may not be linked to a municipal address in the system. This is especially common for properties like farmland and cottages. If your search yields no records, don’t give up – you can switch to a map-based search to continue.
Tip: Search Neighbouring Properties for PIN Information
If the address search doesn’t work, one helpful tip is to search other street numbers under the same street name. If a neighbouring property is linked to its municipal address, you can identify the first five digits of the PIN, which is the same for all properties in the general block. This information can help you narrow down your search to the correct area when using the map feature.
Search By Map
By selecting “Map”, ONLAND will display Ontario Electronic Property Index Maps (“ONLAND Maps”), showing all the properties in the area. Make sure you are viewing the correct LRO map and turn on the “geographic information” as references to assist with identifying the property‘s location.
Identify the Block by Using “Search by Street”
To further narrow down your search, use the “Search by Street” feature. Enter the street name without any indicators. For example, searching for “Adelaide” will display a list of all the streets containing “Adelaide”. From there, you can sort through the options and select the correct street. Once the correct street is selected, browse the map to find your block and the relevant properties.
For example, in the screenshot below, I can identify the “Adelaide” street between block number 21402 and 21401.
Identify the Property by Using Google Map
Another helpful method is to use Google Maps to familiarize yourself with the property’s surroundings and identify any notable landmarks features.
For instance, searching for “20 Adelaide Street E” in Google Maps will show the building’s position relative to roads and landmarks. You can then compare Google Maps to the ONLAND Maps to confirm the correct property. (See two screenshots below where you can identify the property by matching the distinguishable street features between Google Maps and ONLAND Maps.)
Identifiable features such as lakes, dead-end streets, or corners can also help you locate farmland or cottage properties.
Step Three: Purchase the Parcel Register
Once you’ve located the correct property on the ONLAND Maps, select “Buy Parcel Map”. After paying the $5 fee, the assigned PIN for the selected property will be displayed, allowing you to then purchase the parcel register.
This parcel register will provide detailed ownership and encumbrance information for the property. In my next blog, we will explore how to interpret parcel register data and how to search by instrument.
Jennifer Jiang
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 23, 2025
In the winter of 2023, I had just finished my honours bachelor’s degree at the University of Toronto and was ready to launch forward into adulthood. As a 22-year-old, I found the working world quite daunting, so the thought of having real ‘adult job’ was intimidating. Come the new year, I decided to put myself out there and apply to a variety of positions – one of which was a legal assistant at Casey and Moss.
While reading the C&M website, I was thoroughly impressed by the work the firm had done and their prestigious recognition among estate lawyers. I resonated with their mission to provide excellent service to clients, and their emphasis on providing flexibility to their employees. Next thing I knew, I was interviewing and had secured my position as a legal assistant!
I began as an assistant to Angela Casey and Angelique Moss, both of whom provided a warm welcome and an open-door policy. I’ll admit that the first month in this position was especially challenging as I was unfamiliar with estate law and the responsibilities of a legal assistant. Thankfully, my colleagues provided me with a space where I felt comfortable asking questions and, over time, I was able to build skill and confidence.
Once I was more settled, I was given the opportunity to work on projects more independently. In addition to secretarial work, Angela and Angelique had me assist in preparing pleadings. This was when I was really given the chance to see estate law in practice and understand what is required when engaging with estate litigation, guardianship, and other matters. I did (and still do) very much enjoy doing this work alongside Angela and Angelique.
After months of hard work, dedication and continued learning, I was offered a position as Rebecca Suggitt’s legal assistant. While I was initially worried about assisting three lawyers and the increased workload, I now couldn’t be happier to work alongside these three wonderful lawyers. They have taught me essential lessons not only in estate law, but also in life. Importantly, they helped me to see the value in trial and error and helped me realize when I was being too hard on myself (I’ll never pass on one of Rebecca’s pep talks!).
The most recent addition to my responsibilities has been assisting Angela with an ETDL file (“Estate Trustee During Litigation”). As a legal assistant, working on an ETDL file requires constant monitoring and communication with counsel. Accordingly, I was able to develop my multitasking skills and learn to better prioritize tasks. Though it can be challenging at times, I am especially grateful for the opportunity to work on this type of file because I’ve been able to do more independent work and exercise initiative.
Working at Casey and Moss continues to be an invaluable experience. As I come up on one full year with this firm, I reflect on my development as both a Casey and Moss employee and as a person. Without this team, I would not be where I am or who I am today.
I look forward to another year in my career journey with Casey and Moss!
Hannah Henley
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 17, 2025
Small talk as an articling student is predictable. Without fail, conversations with lawyers go something like this:
Them: “So how are you finding articling so far?”
Me: “I’m really enjoying it!”
Them: “Great! How many other students are at your firm?”
Me: “I’m actually the only student!”
Them: “Really?!? What’s that like???”
Usually, I’m pretty brief, but if I were to give a long answer, I’d say:
Problem-Solving Skills
Unfortunately, being a student means I have dumb questions…a LOT of dumb questions. Although admittedly, I’ve had days where I wished there was another student for me to run my question by before escalating, I’ve learned how to triage. Dumb questions can be split up into three categories: (1) figure it out myself, (2) ask a law clerk, (3) ask a lawyer. I was shocked to discover how many questions fell into the first category after a few minutes of searching. Google is the best. This triage system has also given me the chance to work closely with Casey & Moss’s incredible law clerks. Their patience with me as I learn the ropes has been nothing short of saintly.
Lots of Invites
Believe it or not, there is such a thing as too many people on a Zoom call. Although “the more the merrier” applies sometimes, it isn’t always appropriate to have several students attend a court appearance. Because I’m the only student at Casey & Moss, every time a lawyer is working on an interesting file, I’m the only one on the invite list. If there were more students, our invitations would sometimes have to be spread out. I’ve only been articling for a few months and have already had the opportunity to observe motions, cross-examinations, mediations, and even a trial!
Relationships With Students at Other Firms
Articling as the only student at my firm has also pushed me out of my comfort zone socially. I’ll be the first to acknowledge how fun it is to talk about articling with someone who is also currently articling. It’s even better when the student is working in the same area of law. Luckily, the lawyers at Casey & Moss have brought me along to many networking events, so I’ve had the opportunity to connect with a number of students working in estates. Because of this, I’ve made many friends that I might not have otherwise taken the time to get to know.
So, if you’re a student considering sending an application to a small firm – it’s not as scary as you might think. In fact, I highly recommend it.
Colleen Dowling
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 6, 2025
What is Estate Administration Tax?
An important thing to consider when applying for a probate certificate (or a “Certificate of Appointment of Estate Trustee”) is the tax owing on the Estate. This tax is referred to as Estate Administration Tax (“EAT”), and it is based on the total value of all assets held by the deceased as of date of death. Payment of the EAT must be submitted along with your probate application at the time of filing.
There are certain circumstances where Estate Administration Tax is not required. For the purposes of this blog, we will go over how to determine the amount of tax payable when you are applying for a Certificate of Appointment of Estate Trustee (with or without a will).
Calculating Estate Administration Tax
When determining the value of the estate, you should add the values of all assets held by the deceased as of date of death. Liabilities owed by the estate are not subtracted from the value of estate assets, except for any registered mortgages towards a property owned by the deceased. Any accounts held by the deceased that name a designated beneficiary or were jointly held and pass by the right of survivorship should not be included in the value of estate assets.
Estate Administration Tax does not apply for the first $50,000 of the estate. The remaining value of the estate is rounded up to the nearest thousandth and then calculated by applying $15 per $1,000.
For example, if the total value of the estate is $372,782.12:
Step 1: Round to the nearest thousandth
$372,782.12 => $373,000
Step 2: Subtract the first $50,000 of the estate value
$373,000 – $50,000 = $323,000
Step 3: Divide by $1000
$323,000/$1000 = 323
Step 4: Multiply by $15
323 x $15 = $4,845
Once you have determined the amount of EAT owing, you should arrange payment by certified cheque or bank draft made payable to the “Minister of Finance”.
It is good practice to always double check your calculations when determining EAT. You may also use an online calculator to assist you with your calculations such as this one: https://www.ontario.ca/page/calculating-estate-administration-tax
Stacie Chrysanthopoulos
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 6, 2025
One of my favourite parts of working as an estate litigator is that our files intersect with so many areas of law. Our clients come to us for our expertise and advice on estate and capacity law, but their complex legal problems often require answers outside our expertise.We work with our clients to find experts in areas of law like tax, employment, family, business, and real estate law, to provide a comprehensive answer to our clients’ legal problems.
Not surprisingly, family law regularly interacts with estate litigation. For example, a surviving spouse may elect to make an equalization payment claim under the Family Law Act rather than take what they are entitled to under their spouse’s will. A surviving spouse may choose to make an equalization claim and, at the same time, a dependant support claim under the Succession Law Reform Act.
Tax law often comes into play in estate litigation. When you die, your assets are deemed to have been disposed of, potentially triggering capital gains tax. When working on a piece of estate litigation, we often work with expert tax lawyers to help us assess the estate’s tax liabilities. When we help our clients negotiate a settlement, we consult with tax experts to help beneficiaries and estate trustees minimize tax liabilities.
Corporate law issues often arise in estate litigation, as well. Often, we act as or represent an estate trustee for estates that own businesses. When this is the case, we may consult a business lawyer to help us find the most practical way to transfer or sell the business or to determine its assets and liabilities.
Employment law is another area that regularly comes up in estate litigation if the deceased owned a business. In such cases, the estate trustee may have to worry about employment contracts as well as ongoing wrongful dismissal claims.
Finally, real estate law frequently intersects with estate litigation. Whether it’s a family home, cottage, or investment property, disputes often arise over ownership of the property, the property value, or whether an estate property should be sold (and for how much) or kept in the family.
Estate litigation does not happen in a vacuum. Although our clients may retain us to assist with a will challenge or a dependant support claim, for example, other areas of law are sure to pop up over the course of the litigation. It’s our job to find lawyers with the right expertise to work with so we can, together, provide helpful and tailored advice to reach a resolution as quickly and efficiently as possible.
Cara Zacks
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Dec 17, 2024
It seems that the past few months have been full of guardianship applications, each with their own nuances and challenges. After a brief moment of respite, I thought this would be a useful occasion to document some of the things I have learned along the way. Below are some tips “from the trenches”:
1. Give your Client a Realistic Timeline
Guardianship applications do not follow the typical roadmap of litigation, even if they are uncontested. Depending on your client, he or she may have little to no information about the alleged incapable person’s finances or care needs. This means that you need to build in more time than usual to make inquiries with banks, healthcare providers, and family members.
And then there are all of the nuts and bolts of putting together an application record for the court, some of which can be deceptively cumbersome or easy to overlook. Take, for example, the requirement to include a statement by the applicant indicating that he or she has informed the person alleged to be incapable of the nature of the application as well as their right to oppose it. How will your client communicate this? What happens if the incapable person refuses to meet with your client? Or, consider the requirement to serve the incapable person with the application and to allow them to participate at the court hearing. How will you communicate the Zoom coordinates to the incapable person if the hearing takes place virtually?
The short of it is that you need to be clear with your client that guardianship applications take time, and it is prudent to have a work plan from the start setting out all the steps that need to take place and who will be responsible for each step.
2. If Retaining a Capacity Assessor, Be as Comprehensive as Possible in your Retainer Letter
I have found that the best practice for retaining a capacity assessor is to be as forthright as possible, and to document your retainer in a letter. When retaining a capacity assessor, be sure to:
- Make it clear that you do not represent the alleged incapable person, only the person(s) applying to be his or her guardian;
- Set out the background leading to the assessment, making sure to frame things neutrally;
- Identify any known conflicts or outstanding pieces of litigation;
- Specify what type(s) of assessment(s) you are retaining the assessor to conduct, and provide the legal criteria associated with each type of assessment;
- Provide collateral information about the alleged incapable person’s care needs and property; and
- Remind the assessor that your client(s) should not be present when the assessment takes place.
This list is certainly not comprehensive, but can provide a helpful start.
3. Ensure the Management and Guardianship Plans are Clear and Flexible
One of the best parts about reviewing applications to pass accounts is that you get to see all sorts of guardianship and management plans. Over time, I have learned that some simple additions to a plan can make a world of a difference in allowing a guardian to effectively manage another person’s assets without being put in an impossible position where they cannot comply with the plan.
The following are some of the notable additions to plans that I have seen or used in guardianship applications:
- Index all amounts to account for inflation;
- Include an annual contingency fund, in case expenses end up being higher than initially anticipated;
- Include a reallocation clause, in case one category of expenses exceeds the others in a given year;
- Build in the cost of future passings, including accounting and legal fees; and
- Add in discretionary language, where reasonable and appropriate.
4. Give Your Client A Roadmap for the Future
Once you have your guardianship judgment in hand, it may be tempting to think that your job is complete. The reality is that the real work has just begun. The point of bringing a guardianship application is not to get a piece of paper, but to ensure that your clients have the necessary tools to effectively manage another person’s property or care. The most common pitfall I see when reviewing guardianship accounts is that the applicant has not received adequate advice about how to comply with the terms of the judgment appointing them.
I recently got into the practice of preparing a detailed reporting letter following a guardianship appointment, explaining the terms of the order, setting out the guardian’s duties and obligations, and providing some examples of common situations they can expect to navigate. Another important consideration is the application to pass accounts, which most guardians of property will be required to commence within the first few years of their appointment. Working backwards from this deadline, you can give your clients helpful information about how to keep records, how to manage or consolidate bank accounts, when to begin preparing the accounts in court format, and when to commence the necessary court application. To this end, I will often give clients customizable spreadsheets so that they can track their transactions on a monthly basis in preparation for the passing.
The role of a court-appointed guardian is to step into the shoes of another person, to protect their welfare and best interests. For this reason, lawyers should take special care to ensure that clients are fully aware of the scope of this responsibility and are well-equipped to carry out the role with honesty, integrity, and trust.
Adam Giancola
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
