Sep 19, 2025
When I was in my third year of law school, 1L and 2L students constantly asked me two things:
- “Do you have an outline I could use?” and…
- “What courses should I take next year?”
The first one was easy (yes, I do). The second one? Much harder. My advice usually depended on which classes I did well in, or which professors I liked, not necessarily which courses would be the most useful later.
Now, I have come to realize how valuable it is to take courses that actually relate to your future practice. There are the obvious ones (like Wills & Estates or Trusts), and the not so obvious.
With a 2L summer and the first weeks of articling behind me, here are the courses that have been most helpful for my work in estate litigation so far:
1. Civil Procedure
This is where you learn the nuts and bolts of litigation: the differences between a motion and an application, counting days for court deadlines, different avenues to get a case dismissed, all that jazz. This course is most likely mandatory for all law students, but this is just an extra reminder to really pay attention to the content if you want to pursue litigation.
Taking this course is not a guarantee that you’ll become a pro at the Rules of Civil Procedure. In fact, one of my favourite professors told me that he’s been reading the same Rules (or similar iterations of it) for decades, and always finds new things in the same old places.
The takeaway here is that procedure can matter just as much as substance for your case, and a basic understanding of procedure can put you miles ahead.
2. Real Estate Law
Estates often consist of real property, and Estate Lit could involve fighting about that property, who owns it, how much of it, who is entitled to which parts, etc. You may deal with disputes regarding cottages, condos, farmland, family homes, and there are distinct legal considerations for each type of real property.
Learning how to read and decipher an Agreement of Purchase and Sale (APS), a parcel register and even a Trust Ledger in law school means one less thing to panic-Google when you end up having to do it in the course of your file. This could come up in a myriad of ways, such as checking a property’s ownership or reviewing accounts.
3. Negotiation
Most estate disputes settle, whether in the regular course of the file or at mediation. A negotiation course helps you understand your own client and the opposing party’s interests versus positions. Through practice, this course may also equip you to think outside of the box and prepare creative offers that actually get results.
Learning to identify your client’s BATNA (best alternative to a negotiated agreement) and separating their “must haves” versus the “nice to have” results will help you guide clients toward decisions that are cost effective, efficient, and satisfactory.
4. Tax Law
I took a tax course, and yes it was difficult, but the gain was worth the pain (at least that’s what I’m telling myself to cope with having to suffer through the General Anti-avoidance Rule…).
But in truth, every estate issue has tax implications: there’s the obvious estate administration tax, but there’s also underlying tax consequences to each piece of advice you give clients on their estate problems.
Even a basic understanding of tax law can improve client service as it enables us to spot which tax issues are purely within our expertise, and which require tax lawyers or accountants.
No Singular Course Prepares You
No law school course will prepare you for everything. There’s no class on gathering facts and filling in gaps of information, or parsing through hundreds of pages of medical records just hoping you’ll find something relevant to your argument, but the ones mentioned gave me a solid foundation to try my best at work.
Fara Seddigh
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.
Sep 11, 2025
In my last blog, we explored on how to pull a parcel register without a PIN (Property Identification Number) via ONLAND. In this post, we will walk through how to read parcel register and how to search for instruments associated with a property.
Below is a detailed description of information found in a sample parcel register provided by ONLAND.
Key Information Found in a Parcel Register
When reviewing a parcel register, always begin by checking the date of the document in the top-right corner of the first page, to make sure it is up-to-date.
Then you will find the following information:
PIN – Each property is assigned with a unique number, which identifies the block and lot number. For example, PIN 25050-1111 means 25050 is the block number and 1111 is the lot number.
Legal Description – This section provides a formal description of the property’s location, boundaries, and conditions. For example, S/T indicates that the property is subject to certain rights, such as easements, (e.g., a shared driveway or hydro easement). T/W (together with) indicates that the property is granted rights over another piece of land. It’s important to review the related legal document to fully understand the nature of any easements.
Current Owner(s) and Type and Percentage of Ownership: The register shows the name(s) of the current owner(s) and type of ownership, such as joint tenancy or tenancy in common. For tenancy in common, the register specifies the percentage of ownership for each owner.
Registered Instruments: This table in the parcel register lists registered documents related to the property, known as instruments. These can include transfers, mortgages, liens, or easements. Each entry includes the transaction date and the registered instrument number.
Transfer – This shows transfer of ownership from previous parties to current ones. Typically, “Parties From” shows the seller(s) and previous owner(s) and “Parties To” shows the buyer(s) and current owner(s). It also shows the purchase price. If you download the transfer instrument, you can access more details, such as previous owner(s)’s address for service, the relationship between the transferors, whether the transfer was authorized under a Power of Attorney, the lawyers acting for the parties and the amount of the Land Transfer Tax paid.
Charge – This shows a registered mortgage or lien and the amount secured against the property. Typically, “Parties From” identifies the mortgagor (the borrower, typically the current owner), and “Parties To” indicate the mortgagee (the lender, typically a financial institution). If you download the instrument, you can review more detailed information such as the address for service for the mortgagee, the payment date, standard charge terms file number and any additional provisions. Standard charge terms can be downloaded for free, which I will explain further below.
How to Download an Instrument
If you go to ONLAND.ca, you can download the parcel register under the “Property” section. However, for the registered instruments, you will have go to “Documents” section, choose the correct Land Registry Office and select “Instruments, Plans and Evidence”, then enter the registration number of the instrument, and click search. It costs $3 plus HST per document. 
How to Download the standard Charge Terms for the Charge/ Mortgage
If you wish to review further information regarding to the mortgage, you can download the applicable standard charge terms. The Charge instrument provides the standard charge terms file number. To obtain a copy, go to “Documents” section, select Standard Charge Terms, and search by the file number.
Conclusion
Parcel registers provide a detailed description of a property. You now have a clearer understanding of the property’s history and financial encumbrances. We really appreciate that ONLAND makes these records more accessible. However, the interpretation of parcel register data can be complex, so it is always important to consult with a lawyer.
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.
Aug 27, 2025
I’ve always enjoyed learning languages. I am a native English speaker, my mother tongue is Cantonese, I have a minor undergraduate degree in French, and I took a beginner German course while on exchange in Hamburg, Germany. If I hadn’t studied law, I would have probably enjoyed studying linguistics or mastering another language! American Sign Language has long intrigued me, so this past Spring I decided to finally take the plunge and enrolled myself in the 10-week introductory ASL class held at Bob Rumball Canadian Centre of Excellence for the Deaf. I am proud to say that I passed the 1A class and will be enrolling in the 1B class next term.
Being an ASL student reminded me what it’s like to learn a new subject from scratch. I’ll readily admit that it was hard! I greatly admire my enormously patient teacher, who was never frustrated at her students even when she had to repeat herself eight times for us to finally understand what she was trying to convey.
Reflecting on this experience, I realized there were many lessons that I could take away from my ASL class and apply to my day job that could make me a better lawyer.
Sharper Observation Skills
ASL is, obviously, a visual language. What you may not know is that there are many signs that are very similar and are only distinguished by a slightly different hand shape or hand movement. Facial expressions are a crucial part of signing: eyebrow raising and lowering are used when asking questions, and mouth movements are required to accompany some signs. Body shifts are used to convey contrast or different options. So, it is important to carefully watch the signer and pay attention to their non-verbal cues that can change the meaning of their words.
Non-verbal cues are just as important in lawyering as learning ASL. Lawyers must use their observation skills to monitor whether a judge is getting impatient or losing steam during long oral submissions, or if a judge is suddenly paying more attention to a certain argument being made. We keep a close eye on the non-verbal conduct of a witness being examined – if they are being fidgety, avoiding eye contact, or other body language signals that they are uncomfortable with a question, the examiner might want to lean in on that line of questioning. Learning ASL has taught me to be a keen observationist, as visual cues are often just as important as oral cues in our profession.
Clear and Concise Communication
ASL is a very concise language. A few signs can convey a lot of meaning. Whereas the English language can contain a lot of filler words, ASL gets right to the point. It is a good reminder that effective communication can be achieved through a few carefully chosen and purposeful words, rather than long, run-on sentences with lots of legalese and flowery language. Whether that’s in written legal submissions, oral advocacy, or simply explaining legal concepts to clients, I strive to hone the skill of clear, concise, and persuasive communication in my practice.
Empathy and Patience
The most important lesson of all that I learned during my 10 weeks of ASL class is to have more empathy and patience. Learning a new language from scratch was so much fun and an academic challenge at the same time. I have much more empathy for my clients and self-represented litigants who are learning the “legal language” and navigating the legal system for the very first time. I imagine that learning a new language and being involved in litigation for the first time are similar experiences, as you are being thrown in and immersed in a brand new setting, and expected to keep up and follow along as your instructor speaks or signs rapidly in a foreign language. It is extremely intimidating.
Being a student of ASL has reminded me that I, as a lawyer, need to slow down, remember that my clients may not understand everything I’m saying, explain concepts in digestible and plain language (and to explain it again if they need it repeated), and encourage my clients to ask questions. I endeavour to be as patient, understanding, and kind to my clients as my wonderful ASL teacher was to me and my fellow students.
Zara Wong
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.
Aug 21, 2025
If you had kids, wouldn’t you make sure they were taken care of if something were to happen to you? Of course. So why aren’t we doing the same for our furry friends?
I’ve worked in Estates for 5 years and have been an animal lover for 28. I’ve seen a lot of Wills, however, I’ve noticed that none of them specify what would happen to their pets if they were to pass.
Now I know what you are thinking, not everyone likes these messy, smelly, hairy, EXPENSIVE (but adorable) animals, but did you know that 60% of Canadian households own at least one pet? By my calculations, that means I should have come across at least a handful of Wills that mentioned their fur babies.
I suspect that people don’t include their pets in their Wills because they either don’t know you can, or they assume a loved one will automatically care for them. Whether it be because they couldn’t imagine giving the animal away or because it may be the last living thing tied to your deceased loved one. However, that’s not realistic to assume nor expect, because animals are a big responsibility.
Now, who is “qualified” to take on the responsibility of being a fur parent?
- Consider their lifestyle. Do they have enough space/room? Are they renting or owning their home? Are they physically fit/capable of giving the animal the care it needs? Does anyone in the household have pet allergies?
- Consider the time commitment. What is their work schedule? Do they have any upcoming travel plans? If they have any kids already, are the kids ready to interact safely with a pet (and is the pet able to interact safely with children?) Are they planning to start a family soon?
- Consider the financial responsibility. Can they afford the ongoing costs and unexpected expenses?
The list goes on.
Please make sure you consider these questions when you are drafting your Will and planning to include your pets. If you have a specific person in mind, ask yourself the above questions, and once you think you have a suitable person, have a conversation with them and make sure they’re agreeable to taking on the responsibility. And it never hurts to have a backup – just in case!
The reality is, if you don’t properly consider the future care of your fur baby, they can end up in a shelter. Shelters are extremely overcrowded and underfunded, and with the cost of living getting more and more expensive, people can hardly afford kids, let alone animals. While children are almost always accounted for in the case that their parents pass, pets are not, and there aren’t the same securities and care put in place to keep them homed, fed, and cared for. Abandoned pets are often (and sadly) euthanized.
It’s important we also don’t forget the furry friends that have already passed and live on a shelf in your loved one’s home. Don’t let them end up in the trash or on a new shelf in a Value Village or Good Will.
Now, here is where I say something crazy, stay with me. I don’t have kids. My dogs are my kids and that is crazy to some people because animals don’t share the same DNA. But real animal lovers will get it.
Introducing the Casey & Moss LLP furry friends. The emotional support behind our toughest days.
Samantha’s dogs: Rusty and Phoebe
Hannah’s family dogs: Bubba, Andy and Kevin
Hannah’s family cat: Bucky
Hannah’s cats: Glep and Coraline
Colleen’s dog: George
Diana’s cat: Ollie
Jenny’s dog: Kaycie
Angelique’s cat: Ginger
Rebecca’s cat: Chester
Jennifer’s cat: Molson
Angela’s dog: Zoey
If you’ve stayed this long, and have a pet, give them a cuddle for me! <3
Samantha Valvona
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.
Aug 8, 2025
This blog is part 2 of a series which started with this one: “Re-thinking Power of Attorney Litigation.”
My first modest suggestion for power of attorney (“POA”) litigation is to fully explore clients’ assumptions about the rights and powers of POAs before initiating litigation.
If the aggrieved party uses words like “power”, “in charge” and “control” when describing the role of a POA, rather than “duty”, “responsibility”, “accountability” and “service”, it is a sign that the person who wants the job doesn’t fully understand the role.
For example, I am shocked by the number of children who believe that as soon as the family home is sold and a parent enters a care setting, that is the time to divide up the house sale proceeds among themselves. They mistakenly think that the POA gets to decide how and when to divide up the parent’s money. Not so. The incapable person’s money must be carefully managed solely for the incapable person’s benefit during his or her lifetime.
Yes, that is true even if the nursing home costs will not exceed the incapable person’s income. Yes, that is true even if the children are all counting on their inheritance as a pathway to home ownership and would like to receive at least part of their inheritance early. Yes, that is true even if the parent’s dementia has progressed to the point that he or she would not even miss the house sale proceeds.
Another common reason litigants want to be “in charge” is the mistaken belief that a POA can make unilateral decisions without talking to anyone else. POA litigation usually involves high conflict families. The person who wants to be POA or Guardian of Property needs to understand that, if successful, there will be a duty to consult with supportive family members and friends of the incapable person, including the despised sibling.
The Substitute Decisions Act uses the word “consult” to describe this duty on substitute decision makers. This is different from informing after-the-fact. To do the job of POA correctly, the POA will need to share all information relevant to a substitute decision with the incapable person’s family members, then listen to their feedback and opinions before implementing a substitute decision. If you are unable or unwilling to communicate effectively with your immediate family members, you are not qualified for the job.
Before initiating POA litigation, I often refer clients to this helpful summary of the duties and obligations of Guardians of Property on the Public Guardian and Trustee’s website [1].
It is important to fully explore how taking on this 24/7 responsibility will impact the POA’s life. Vacations could be interrupted by a call from the nursing home. POAs will face practical problems like banks that won’t provide online access to bank accounts and paid caregivers who don’t work out. Tax returns to be filed, forms to be filled out, doctor and dentist appointments to be tracked, medications to be managed. The POA will ultimately be responsible to account to the beneficiaries of the incapable person’s estate, and possibly the Court, about every transaction during the POA period. A lost receipt could become a personal liability.
These duties and obligations should be fully explored before heading down the destructive and expensive path of POA litigation so that the client has eyes wide open about what “winning” entails.
[1] Most of the duties imposed on Guardians of Property are also applicable to fiduciaries acting under a power of attorney, the primary distinction being that a Guardian of Property will be obligated to act in accordance with a Management Plan and will have to pass accounts to the Public Guardian and Trustee by a particular deadline.
Angela Casey
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.
