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
Jun 11, 2026
Caring for an aging parent, grandparent, or sibling can be emotionally and financially exhausting. For many people, it means rearranging their lives: attending appointments, managing medications, coordinating care, giving up personal time, or even moving in to help.
It is often difficult, deeply personal work, and unfortunately, frequently unpaid.
After a loved one passes away, many caregivers wonder: can I be compensated for everything I did?
The answer is: sometimes. But Ontario courts have made it clear that caregiving compensation is not automatic, and successful claims are often smaller than families expect.
There is currently no statute or regulation that prescribes a formula for calculating caregiving compensation. This issue has been addressed extensively by the courts, however.
Here is what Ontario courts actually look at, and what caregivers should know.
Not All Caregiving Is Treated the Same
Courts are generally more willing to award compensation for care management and decision-making (e.g., as an attorney for personal care) than for hands-on caregiving performed by a family member.
This distinction matters. Many compensation claims fail because they blur the line between informal family caregiving and organized care management.
The Starting Point: Courts Presume Family Care Is Free
Ontario courts begin with a difficult assumption for many caregivers: adult children are generally expected to provide some level of care to aging parents without expecting payment.
As a result, compensation is usually limited to care that goes above and beyond ordinary family support.
What Courts Actually Consider
Ontario courts assess caregiving claims based on reasonableness. In Re Brown (1999), the court identified several key factors, including:
- the need for the services
- the nature of the care provided
- the caregiver’s qualifications for the role
- the value of the services
- how long the care was provided
But, most importantly, courts require evidence.
General statements about “helping every day” are not enough. Courts expect specific, verifiable details about what was done, how often, and over what period of time. This is why keeping detailed logs and records of your caregiving is so important.
Common Reasons Why Caregiving Compensation Claims Fail
The case law reveals several recurring issues that frequently reduce or defeat caregiving claims altogether:
(1) The Court Finds You Would Have Done It Anyway
In Childs v Childs, the court found that even though the daughter provided commendable care for her mom, she would have cared for her mother regardless of the possibility of payment. As such, her claim was reduced from a staggering $133,000 to just $25,000.
Courts look closely at whether the caregiver expected compensation at the time the care was provided, not only after the estate became disputed.
(2) You Lived Rent-Free or Received Other Benefits
Courts may treat free housing, meals, expense payments, or other financial support as compensation already received.
In both Sasso v Sasso and Ventura v Ventura, the court held that living rent-free effectively compensated the caregiver.
(3) Care Was Shared
Where siblings, PSWs, or other family members also helped provide care, courts are often reluctant to compensate only one person, especially where others are not seeking payment.
(4) Documentation Is Weak
Poor record-keeping is one of the biggest reasons claims fail.
In Sasso, for example, a claim of nearly $200,000 was rejected largely because the caregiver kept no meaningful records and provided very little evidence about the services performed.
The Most Important Practical Lesson: Keep Records
If there is one clear takeaway from the case law, it is this: Documentation matters.
Courts cannot compensate work they cannot measure, and detailed evidence can make an enormous difference. For example, in Re Daniel Estate, the caregivers did not keep formal timesheets, but they provided detailed affidavits and obtained a professional cost-of-care assessment. That evidence helped support the claim.
Caregivers who may later seek compensation should keep:
- calendars or logs of appointments
- notes of time spent caregiving
- records of care coordination
- emails with healthcare providers
- receipts and supporting documents
If you are currently providing care or believe you may have a claim relating to care already provided, speaking with an estates lawyer early can help you understand your rights and protect your position.
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.
Mar 31, 2026
When someone you know passes away, there is more to manage than just the impact of their loss. There is a legal process that determines how their finances are handled, debts are paid, and inheritances are distributed. It can feel overwhelming if you’re not familiar with the terminology or steps involved. This guide breaks down the fundamentals of estates in Ontario in way that is easy to understand.
What is an Estate?
An estate is everything a person owned (assets) and owed (liabilities) at the time of their death.
Example: Bob passes away. At the time of his death, he owned a house, a chequing account with $2,000, and a savings account with $40,000. He also owed $6,000 to CRA. All these together form Bob’s “Estate.”
What is an Executor?
An executor (aka an estate trustee) is an individual who manages someone’s estate after they die. There can be more than one estate trustee, and sometimes a trust company can act as the estate trustee instead of an individual. An executor is usually specified in a will or otherwise appointed by court order.
Example: Bob passed away leaving a valid will that that names George as the executor of his Estate. George will be responsible for accessing and closing Bob’s bank accounts, paying the debt to CRA and other liabilities, selling the house, and paying the remaining money to the beneficiaries named in the will, among other responsibilities.
What exactly is “Probate”?
Probate is the term for the process of obtaining a “Certificate of Appointment of Estate Trustee” also commonly referred to as a “probate certificate”.
Example: For Sally and Donna to receive their inheritance following Bob’s death, a process called “probate” must occur. This process usually begins when Sally and Donna give the original will to George. George must then apply for a “probate certificate” by submitting an application to the court along with the original will. This application is called an “Application for a Certificate of Appointment of Estate Trustee,” or a “probate application.”
Once the court reviews George’s application and is satisfied that the will is valid, and that no other wills of Bob’s have been filed with the court, it will issue George a “probate certificate.” With this certificate, George can now begin to manage Bob’s estate. This entire process is known as “probate.”
*It is important to note that there are circumstances where probate is not required. For the purposes of this blog, I will be using an example where probate is required.
Probate Certificate aka “Certificate of Appointment of Estate Trustee”
A “Certificate of Appointment of Estate Trustee,” also known as a “probate certificate,” is a document issued by the court that authorizes a person (the executor) to manage an estate.
Example: George needs to close Bob’s bank accounts. He goes to TD Bank and explains that he is the executor of Bob’s estate and wants to access and close his accounts. Since George isn’t listed as an account holder, the bank has no record of him and asks for proof that he’s authorized to act on Bob’s behalf. George must provide a copy of his probate certificate issued by the court to prove he has authority to close the accounts.
Beneficiaries
A beneficiary is a person(s), charity, or organization who receives a gift (aka an inheritance) from someone’s estate after they die.
Example: Bob’s will names his two children, Sally and Donna, as beneficiaries. According to Bob’s will, each of them will receive $100,000.00 from his estate. George is responsible for making this happen. George will pay Sally and Donna each their $100,000.00 using money from Bob’s estate.
This is just one example of how an individual’s estate may be administered after their death. There are many other situations to consider. For example, if a person dies without leaving a will (dying “intestate”), the process for applying for probate will be different. Or, if a will exists but its validity is challenged by a beneficiary or an interested party, the estate may have to go through legal proceedings (“litigation”). Regardless of the specific circumstances, it is important to understand the basic principles of estates in case you ever find yourself responsible for managing a loved one’s estate.
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.
Mar 12, 2026
Now that many court appearances can be done virtually, lawyers have more flexibility in the files they can take on. In the past, a simple 15-minute scheduling appearance could mean hours of travel, so we had to be cautious about accepting matters in distant jurisdictions. Even though courts are gradually returning to in-person hearings, many procedural attendances are still conducted remotely, so lawyers are less likely to limit their practice to a single city.
One consequence of this is that we now need to understand how to navigate multiple administrative regions across Ontario. Each region has its own practice directions, booking systems, and unwritten customs, and those differences can easily cause delay or frustration if they are unfamiliar.
This blog is the first in a series where I will break down how to book a motion in various cities and towns across Ontario.
Short Motions (under 1 hour):
Although Brampton is part of the Central West Region, the practice directions create a few Brampton‑specific rules, starting with how short motions are booked.
Unlike Milton, Orangeville, Guelph, Owen Sound, and Walkerton, you cannot book a short motion in Brampton by emailing the court to request available dates. Instead, counsel must schedule short motions using the court’s online Calendly system.
Things to keep in mind for Short Motions:
– The practice directions include a helpful tip sheet on using Calendly, linked here
– Self-represented parties that do not have the technology or ability to access the internet may schedule the Short Motion by telephone
– Any cancellations or adjournments using Calendly must be on consent of the parties
– Cancellations and adjournments will not be accepted on Calendly within 10 days of the scheduled hearing date
Long Motions (over 1 hour):
To book a long motion, the parties must first adhere to a timetable for completion of all the necessary steps (i.e. delivery of materials, cross-examinations, etc.) to be considered “ready” to proceed with the motion hearing.
If the parties agree on a timetable, it can be sent to the court with a request that it be endorsed and made into a Court Order.
If the parties cannot agree on a timetable within 45 days of service of the moving party’s motion record, any party can request an attendance at Triage Court to set a timetable. This is done by completing the Requisition to Attend Long Motion Triage Court Form, linked here, and emailing it to SCJtrialofficebrampton@ontario.ca. In Brampton, triage court is held every Tuesday at 9:00 a.m.
Once the timetable has been set and complied with, the parties are considered “ready” to book their long motion hearing date. This is also done at triage court, using the same requisition and email process that applies if the parties cannot agree on a timetable and must attend triage court to set one.
Things to keep in mind for Triage Court:
– Gowns are not required at triage court
– Each matter at triage court is limited to 10 minutes
– It is the responsibility of the party scheduling the triage court date to inform the other parties immediately in writing
– Do not ask the judge for a motion date unless all of the steps in the timetable are adhered to – it will not go well
Staying current with the latest regional notices and practice directions helps avoid unnecessary delays and ensures that matters proceed smoothly. Stay tuned for my next blog post, where I walk through the process for another city or town in a different administrative region.
Please remember that scheduling procedures change frequently. Always review the most recent Central West Region practice direction and any local notices specific to Brampton before scheduling.
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 11, 2026
In Smith v. Bechtel, 2026 ONSC 975, the Ontario Superior Court of Justice considered whether an unsigned draft will prepared by a lawyer could be treated as a valid will under s. 21.1 of the Succession Law Reform Act.
The case highlights an issue that sometimes arises when someone begins the process of making a will but dies before it is formally signed. The court was asked to decide whether the draft document should be treated as the deceased’s will, or whether the estate should instead be distributed according to Ontario’s intestacy rules.
Background
Timothy Bechtel died suddenly on September 30, 2024. He had never married, had no common law spouse, and had no children. He was survived by several siblings and the children of a predeceased brother. Importantly, Mr. Bechtel did not have an ongoing relationship with his siblings.
About two weeks before his death, Mr. Bechtel met with a lawyer to prepare a will and powers of attorney. The lawyer took handwritten notes during the meeting and later prepared draft documents reflecting those instructions. A letter enclosing the drafts was left for Mr. Bechtel to pick up, along with a request that he review the documents and advise the lawyer of any changes before a scheduled appointment to sign them.
Mr. Bechtel died twelve days later, before the documents could be reviewed or executed.
What Did Mr. Bechtel’s Draft Will Say?
The draft will set out a specific plan for how Mr. Bechtel’s estate should be distributed. It appointed the applicant, Tammy Lyn Smith, as estate trustee. Ms. Smith had previously worked as Mr. Bechtel’s office manager and remained a close friend after her employment ended.
The draft will also included several gifts to individuals and a charity, including:
- $75,000 to each of Mr. Bechtel’s three nephews
- $100,000 to a friend
- $50,000 to another friend
- $75,000 to the Arnprior Humane Society
- A riding lawn mower to a neighbour
After those gifts were paid, the remaining estate was to go to Ms. Smith. Notably, Mr. Bechtel’s siblings were not included as beneficiaries under the draft will.
What Would Happen to Mr. Bechtel’s Estate Without a Valid Will?
If a person dies without a valid will, their estate is distributed according to Ontario’s intestacy rules, which are set out in the Succession Law Reform Act. These rules determine who inherits based on a fixed order of family relationships.
Because Mr. Bechtel had no spouse and no children, his estate would be distributed to his next closest relatives, which in this case meant his surviving siblings and the children of his predeceased brother. In other words, if the draft will was not validated, the estate would pass to family members who were not beneficiaries under the draft will, rather than to the friends and charity named in that document.
This created the central legal question in the case: Should the court treat the draft will as Mr. Bechtel’s valid will, or should the estate be distributed according to the intestacy rules?
The Legal Context
Under the Succession Law Reform Act, a will is normally only valid if it meets certain formal requirements. Among other things, it must be signed by the testator in the presence of two witnesses, who must also sign the will.
The draft will in this case had not been signed or witnessed, so it did not meet those requirements.
However, s. 21.1 of the SLRA, which came into force in 2022, allows the court to validate a document that does not meet the formal requirements if the court is satisfied that the document sets out the testamentary intentions of the deceased. In other words, the court can treat a document as a valid will if it is satisfied that it reflects the deceased person’s final intentions for how their estate should be distributed.
Ms. Smith’s Evidence
The applicant, Ms. Smith, relied on several pieces of evidence to support the application.
- The lawyer who prepared the draft will testified that Mr. Bechtel attended their meeting alone, appeared to have capacity, and seemed clear about how he wanted to distribute his estate.
- The applicant also found a handwritten document in Mr. Bechtel’s home listing his assets and setting out general instructions about certain gifts, with the remainder of the estate going to the applicant.
- In addition, the applicant and a charity had been named as beneficiaries of certain insurance and investment assets.
While this evidence suggested that Mr. Bechtel intended certain people to benefit from his estate rather than his siblings, the court noted that expressions of intention alone are not enough to establish a valid will.
The Court’s Decision
The court ultimately concluded that the draft will could not be validated.
One of the key issues was that there was no evidence that Mr. Bechtel had reviewed the draft will prepared by his lawyer. The lawyer’s letter specifically asked Mr. Bechtel to review the document and advise of any changes or corrections, indicating that the document was still part of an ongoing drafting process.
The court also noted that the deadline for providing feedback on the draft had not yet passed when Mr. Bechtel died.
In addition, the handwritten list found in Mr. Bechtel’s home contained differences from the draft will, including different amounts and beneficiaries.
The court noted that people often reconsider their decisions while a will is being drafted. Because there was no evidence that Mr. Bechtel had reviewed or approved the draft, it was not possible to conclude that the document represented his final testamentary intentions.
For that reason, the court declined to validate the draft will under s. 21.1 of the SLRA. As a result, Mr. Bechtel’s estate would be distributed according to the intestacy rules.
Takeaways
Smith v. Bechtel illustrates the limits of the court’s power to validate documents that do not meet the formal requirements for a will.
Even though the evidence suggested that Mr. Bechtel had begun the process of creating a will and had discussed his wishes with a lawyer, the court was not satisfied that the draft document represented his final decision about how his estate should be distributed.
The case serves as a reminder that the process of preparing a will is not complete until the document is reviewed, finalized, and properly executed.
Diana Begaliyeva
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.
