Sep 3, 2026
In my previous post, we discussed the option of garnishing a debtor’s bank account when they play hard to get. But what if garnishment isn’t enough? Initiating a land sale is another powerful enforcement remedy.
Step One – Wait
A creditor may not take any step to sell land until four months after filing the Writ with the Sheriff. Furthermore, the Sheriff cannot hold a land sale until six months after filing.[1]
However, that first four-month window shouldn’t go to waste. Use this time to gather the following required documentation so everything is ready to go. Keep in mind that different Sheriff’s offices may have specific document requirements, so always confirm in advance.
Step Two – Gather Documents While You Wait
- Issued Writ of Seizure and Sale
My previous blog discussed different method of issuing a Writ – through WritFiling or the court registrar. If issued through the registrar, remember to file it with the Enforcement Office in the region where the debtor lives or owns assets. If issued through WritFiling, it is deemed both issued by the court and filed with the Sheriff (Enforcement office). Either way, ensure you have a copy of the issued Writ.
- Direction to Enforce (60F)
File the Direction to Enforce (Form 60F) setting out the date of the Order and amount awarded; application post judgement interest rate; enforcement costs; dates and amounts of any payments received; and the amount owing, including the post judgment interest.[2]
This document formally directs the sheriff to enforce the Writ for the amount owing, interest and applicable sheriff’s fees and expenses.
- Copy of Judgments
Provide copies of the Judgment and any costs award Judgment together with the Direction to Enforce.
- Parcel Register
Download an up-to-date Parcel Register from the Land Registry Office. My previous blog breaks down how to pull a parcel register from ONLand without a PIN.
- Copy of the Deed and All Registered Encumbrances
Download all underlying instruments including Deed or Transfer, mortgages and line of credits from the Parcel Register. My previous blog provides a detailed walk-through of the parcel registers, including how to identify and download these instruments via ONLand.
- Mortgage Statements
You must provide all existing mortgages statements and encumbers registered on the title. To obtain mortgage statements, you may contact mortgagee using the contact information listed on the instrument. Provide them with the issued order, issued writ and the parcel register.
The Supreme Court of Canada decision in Royal Bank of Canada v. Trang held that the execution debtor implicitly gave the mortgagee consent to disclosure at the time the mortgage is granted.[3]
You may also obtain the statements by way of Debtor Examination or Court Order.
- Municipal Tax Statement
Contact the local municipality for a tax certificate of the property, provide the supporting documents, and explain that enforcement for a land sale is underway. Note that municipal application fees may apply.
- Certified Appraisal or Certified Letter of Opinion (Up-to-Date)
Retain a licenced appraiser for a certified appraisal or certified letter of opinion detailing the property’s current value (evaluated within the last six months). If the asset is a commercial property, a formal certified appraisal is required.
The report should include the municipal address and physical details of the property, such as street number, construction type (e.g., single-unit, semi-detached, condominium), layout (e.g., multi-story, split-level), and heating and garage specifications.
- Deposit of $5,240
Prepare a cheque of $5,240, payable to the Minister of Finance, to cover the sheriff’s costs of enforcement.
- Letter to the Sheriff
Include a formal instruction letter to the sheriff containing:
- Clear written instructions to sell the property of the execution debtor
- An up-to-date calculation of post-judgment interest
- Marital and ownership details: whether held in joint tenancy or tenancy-in- common, whether the property could be considered a matrimonial home, marital status of the debtor, and the current whereabouts of the spouse or any co-habiting individual
- Confirmation of whether the creditor or representative will attend on the day of sale
Step Three – Submit
Submit the completed document package and fee directly to the sheriff to schedule the sale and check periodically for updates.
While preparing for a land sale takes time and detailed documentation, it remains one of the most effective ways to recover substantial debts. By getting documents ready during the mandatory waiting period, you position yourself to move quickly and maximize your chances of a successful recovery.
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.
[1] Rules of Civil Procedure, R.R.O. 1990, Regulation 194 [“Rules”], Rule 60.17 (17) and (18)
[2] Ibid at Rule 60.07 (13)
[3] Royal Bank of Canada v. Trang 2016 SCC 50 at Para 49
Aug 18, 2026
Undue influence is a legal principle that addresses circumstances where someone coerces another to make a decision, most often arising in estate litigation. A finding of undue influence allows the Court to invalidate transfers of property or the execution of Wills or powers of attorney, on the basis that they were not the product of the executor, transferor, or grantor’s free will.
In my experience, undue influence is used loosely. ‘Influence’ is broad and, consequently, vague. The body of law that has emerged around undue influence is rife with terms that require significant interpretation (see “potential for domination” from Goodman v. Geffen, 1991 CanLII 69 SCC).
In the context of estate litigation, where disputes center so often upon the decisions of elderly folks, it is easy for disgruntled parties to advance their interests by alleging undue influence. Parties can rationalize their suspicions by referencing the vulnerability of seniors or conflating a loving familial relationship with nefarious ‘influence’. The result is that undue influence has become something of a one-size-fits-all allegation: one that is not as readily addressed as concerns about capacity may be through the production of medical records, or concerns about knowledge and approval through the production of a drafting solicitor’s file.
In a recent decision, Buffa v. Giacomelli, 2026 ONCA 566 (CanLII), the Ontario Court of Appeal considered the difference between ‘motive’ and ‘donative intent’ in the context of rebutting the presumption of resulting trust and the law of undue influence, with respect to inter-vivos gifts (“Buffa”). Here, the deceased Giuliana Buffa (the “Deceased”), shortly before her passing, had given her daughter, the Respondent on appeal (the “Respondent”), a total of $1.7 million. As a result, the inheritance of the Deceased’s son, the Appellant who was a 45% beneficiary of the Deceased’s estate (the “Appellant”), was substantially diminished.
The application judge made the following key findings:
- The Respondent had a very close and loving relationship with the Deceased. In contrast, the Appellant and the Deceased had been essentially estranged since 2019.
- The Deceased named the Respondent as a beneficiary of her RRIF and TFSA, which was accepted as “clear intention of a gift”.
- The Deceased opened multiple joint accounts with the Respondent in which she deposited the sale proceeds of her condominium and other amounts from her investment accounts.
- The Deceased wrote two gift letters addressing the transfer of funds into the joint accounts.
- The Respondent lived “400 kilometers away” from the Deceased’s residence.
- Although the Deceased suffered from dementia and other health issues near the end of her life, the disputed transfers occurred shortly before these health issues were diagnosed/worsened.
On appeal – and specifically on the issue of undue influence – the Appellant alleged that the application judge had failed to consider whether a presumption of undue influence arose, which would have shifted the burden of proof upon the Respondent. The Court of Appeal disagreed with the Appellant, and affirmed the manner in which an allegation of undue influence ought to be analyzed in the context of an inter-vivos gift:
- The onus of proving undue influence is on the party who asserts it.[1]
- A presumption of undue influence arises where an inter vivostransfer is made within a relationship in which there is an inherent “potential for domination”. This is found in relationships of dependency such as between parents and children or a solicitor and client.[2]
- Where the presumption is found to exist, the onus shifts upon the recipient of the gift, who must establish, on a balance of probabilities, that the transfer was made with the donor’s “full, free and informed thought”.[3]
- Implicit in the application and appellate decisions, Buffa is authority that the existence of a relationship of dependency on its face, does not automatically mean that there is a presumption of undue influence.[4]
On the final point, even though the Respondent:
- was the Deceased’s daughter,
- had been in close contact with the Deceased at the time of the transfers, and
- implemented some of the transfers herself as the Deceased’s attorney for property,
the application judge found that a presumption of undue influence could not apply, and the Court of Appeal agreed. The Court of Appeal found no basis to question that there was “no evidence that the respondent acted in any inappropriate manner to convince Giuliana to give her gifts, that the transfers were made with the “full approval and consent” of Giuliana who “made her own decisions with respect to her finances”, and that Giuliana freely and deliberately gave gifts to the respondent.
Buffa demonstrates that undue influence should not be alleged loosely. Even where there are traditional indicators of dependency/influence, establishing the presumption of undue influence is difficult – not to mention proving undue influence outright! – and parties should tread carefully before litigating these issues.
Matias Gutierrez
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.
[1] Vout v. Hay, [1995] 2 S.C.R. 976, at p. 887; Neuberger Estate v. York, 2016 ONCA 191, 129 O.R. (3d) 721, at para. 78, leave to appeal refused, [2016] S.C.C.A. No. 207.
[2] Goodman Estate v. Geffen, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353, at p. 378; Morreale v. Romanino, 2017 ONCA 359, 30 E.T.R. (4th) 21, at para. 22.
[3] Goodman Estate, at p. 379; Foley (Re), at para. 28.
[4] Buffa at para 38
Aug 5, 2026
Growing up, aside from the brief phase where I wanted to be a mechanic (let’s never talk about that), I always dreamed of working in the legal field.
When I graduated from high school, I applied to three programs: Criminal Justice Services, Behavioural Science, and Paralegal. After being accepted into all three, I had to decide which path to take. At the time, I believed Behavioural Science was the right choice, so I enrolled.
By my second semester in the four semester program, I realized it wasn’t the career I wanted. For those unfamiliar with the field, Behavioural Science focuses on Applied Behaviour Analysis, clinical intervention strategies, and professional ethics. Much of the program prepared students to work with children with autism and intellectual disabilities. While I found the work meaningful and rewarding, I knew myself well enough to recognize that it wasn’t a career I could see myself doing full-time while also building the family life I envisioned. Even so, I was committed to finishing what I started, and I graduated with my Diploma in Behavioural Science.
After graduation, I worked at a car dealership, first as a receptionist and later as an internal service advisor. I spent three years there before leaving at the beginning of the pandemic to move to Kelowna, British Columbia.
Once in Kelowna, I continued working at another dealership until I came across a job posting for a legal assistant at a local law firm. The posting stated that no experience was required, but I was still hesitant. I had just moved across the country during the pandemic, and taking a chance on an entirely new career felt intimidating. Despite my doubts, I applied.
That decision changed everything.
I got the job, and with it, the opportunity to begin the legal career I had always wanted.
Over the next two years, I worked in personal injury litigation while completing the Legal Administrative Assistant program through Capilano University in Vancouver, BC. I eventually moved back to Toronto where I continued my legal career and transitioned from personal injury litigation to estate, trust, and capacity litigation.
Looking back now, it’s funny how life comes full circle. Although it took a few detours to get here, I’m grateful for every one of them. Twelve years after graduating high school, and six years into my legal career, I can honestly say I’ve found the career I was always meant to have.
Sometimes the path to where you’re meant to be isn’t a straight line. But if you’re willing to take a chance on yourself, you may end up exactly where you were meant to be all along.
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.
May 27, 2026
An Estate Trustee (also known as an Executor) named in a Will is someone that will be responsible for the administration of an estate from start to finish. Choosing the right estate trustee can make estate administration significantly smoother for your loved ones. Choosing the wrong estate trustee can be costly and can delay the estate administration. For this purpose, there are several factors to consider when deciding on who should be the estate trustee of your estate.
Organizational Skills
Dealing with your own personal paperwork and finances can sometimes be overwhelming and time consuming. Now imagine someone else having to deal with it after you have passed away. One way to help your named estate trustee is to have your paperwork already organized. However, a good estate trustee would be someone who has the organizational skills to assist them with managing your estate assets, meeting deadlines, and ensuring that all tax returns have been filed.
Family Dynamics
In most cases, we see testators appoint close family members to be the executor of their estate. While there is absolutely nothing wrong with choosing a family member, you must consider if this family member will remain neutral. It may be significantly easier to choose a close family member especially if they are already aware of your assets. However, would the other beneficiaries trust this person? Do you think there would be any conflicts if this person is named as the estate trustee of your estate? These are just some of the things you must consider when choosing a close family member to be your estate trustee.
Trust
Last, but not least, choose someone you trust completely. Your named estate trustee should be someone who you know would respect your wishes regardless of what’s in it for them. This person must show that they can be reliable, diligent and be able to administer your estate with integrity. A dishonest estate trustee can create several financial and family problems that can delay the administration of your estate and cause unnecessary hardship for your loved ones.
Choosing the right estate trustee is very important in your estate planning process. By selecting someone who is organized, trustworthy and capable of handling the role, you can help reduce stress, provide a peace of mind for everyone involved and ensure your estate is handled the way you intended.
Felicia Cyril
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.
May 5, 2026
Working in Estates law, I have seen countless matters where a person has died without a Will (“intestate”), or their Will was written decades prior to their passing. As such, their Will (or lack thereof) does not accurately reflect their assets upon their death, nor their wishes for the management and distribution of their assets.
This got me thinking: ‘When was the last time my Mum and Dad updated their Wills?’. I brought this up to my parents one day and was shocked to find out that their Wills were written over two decades ago just after I was born. Having children prompted my parents to draft Wills so that they could ensure we were taken care of in the event of an accident or illness. Now that so many years had passed, my parents’ lives had changed dramatically, but their Wills did not reflect this. I knew it was time for me to have “the talk” with them (the Will talk!).
I took the time to discuss the importance of a clear, comprehensive and up-to-date Will with my parents, and it is probably one of our most important conversations to date. Shortly after we spoke, my parents made an appointment with a lawyer and had their Wills updated to reflect their current wishes and assets.
I am beyond grateful that I had the knowledge and forethought needed to persuade my parents to update their Wills. Most times, people do not draft or update their Wills because they don’t truly understand their significance. To put it simply, having an accurate attested Will is essential for three main reasons:
- It will protect your assets and wishes;
- It will provide clear instructions to loved ones upon your passing; and
- It will help relieve any potential conflict regarding your estate.
I hope you take this blog post as an opportunity to remind your loved ones of the importance of having a formal Will!
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.
