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.
Sep 5, 2025
On June 16, 2025, important amendments to the Rules for obtaining court approval of settlements involving parties under disability came into force.[1] These amendments preserve the open court principle to the greatest extent possible while ensuring that incapable parties are not prejudiced by processes designed to protect them.
Under Rule 7.08 any settlement involving a party under disability[2] is not binding on that party without a judge’s approval of the settlement. A judge must find that the settlement is in the best interests of the incapable party, considering the benefit received under the settlement, litigation risk, proportionality, and the desire to settle.[3] This safeguard is built into our judicial system to ensure that parties under disability are not taken advantage of.
To obtain settlement approval, the incapable party’s litigation guardian must bring a motion to the court, supported by an affidavit from the litigation guardian explaining the reasons in support of the settlement, as well as an affidavit from the litigation guardian’s lawyer providing a position in respect of settlement.
Under the previous rules, it was necessary to serve the motion for settlement approval on all parties to the litigation. In some cases, to show a judge why a settlement is justified and in the incapable party’s best interests, it is necessary to disclose weaknesses of the incapable party’s case. This created a risk: if the settlement were not approved, the other parties could potentially benefit from prejudicial information disclosed in the approval motion. Counsel were required to carefully consider what information was necessary to provide the court without undermining the party’s position if the settlement was not approved.
The new amendments contain key changes that ensure parties under disability are not prejudiced by these motions.
Rule 7.08(3.1) now allows settlement approval motions to be brought without notice to other parties and without requiring service of the supporting materials (unless a judge orders otherwise).
Pursuant to Rules 7.08(4.2) and 7.08(4.3) counsel are required to redact or omit any information subject to solicitor-client privilege or that could prejudice the person under disability prior to filing the motion materials. Now, only the judge hearing the motion is provided with a copy of the complete and unredacted version of the materials.
Rule 7.08(4.4) requires that settlement approval motions be determined in writing, without the attendance of the parties, and dispenses with the requirement to file a factum. This prevents opposing parties from hearing oral submissions on evidence that was redacted or omitted from the written materials.
These amendments helpfully and thoughtfully ensure that the court receives fulsome information about a party’s litigation risk, weaknesses in the case, and any other factors that support settlement, without risking prejudice to the incapable party’s position if the settlement is not approved.
[1] This blog focuses on Rules 7.08(3.1), 7.08 (4.2), 7.08(4.3), and 7.08(4.4). For a review of all amendments that came into force on June 16, 2025 please review O.Reg 50/25.
[2] Parties “under disability” include minors and adults who lack the mental capacity to engage in litigation.
[3] Spicer v Wawanesa Mutual Insurance Company, 2023 ONSC 3221
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.
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 26, 2025
I will never forget the first time I received a judge’s Endorsement. We had won our case, putting an end to months of protracted litigation. I remember poring over the judge’s reasons, carefully reviewing the analysis and spotting all of the cases taken from our factum. After the excitement subsided, one of my colleagues pointed out something I had no idea was required: we now needed to convert the judge’s reasons into an issued Order. Even though the judge’s decision was immediately effective, the precise terms of that decision needed to be set out in a signed Order, approved by the parties as to form and content and issued and entered by the Court registrar.
But what happens if the parties cannot agree on the form and content of the draft Order? What if there are disagreements about what the judge intended to order in his or her reasons?
Thankfully, Rule 59.04(9) of the Rules of Civil Procedure provides a clear mechanism for settling an Order where the parties remain at a deadlock. Rule 59.04(9) states that
[i]f an objection is taken to the proposed form of the order in the course of its settlement before a registrar, the registrar shall settle the order in the form the registrar considers proper and the objecting party may obtain an appointment with the person who made the order to settle the part of the order to which objection has been taken, in which case the objecting party shall serve notice of the appointment (Form 59D) on all other parties who participated in the hearing or conference and file it, with proof of service, at least seven days before the appointment date.[1]
In other words, if the parties cannot agree on the form of the Order, any party can serve a “Notice of Appointment to Settle Order” (Form 59D) to attend before the judge who made the Order to settle its terms. Similar to a Notice of Motion, a Notice of Appointment requires the objecting party to set out the purpose of the appointment, the grounds for the relief being sought, and the documentary evidence to be relied on at the appointment. Best practice is to include all relevant materials that the judge will need to settle the Order, including the underlying Endorsement, the originating process or motion, the form of the draft Order proposed by the objecting party, and the draft proposed by the responding party or already settled by the registrar.
If the Order was made by a court consisting of more than one judge, the appointment will be before the judge who presided at the hearing or, where unavailable, any other judge who participated in the hearing.[2] Should the judge cease to hold office or become incapable after making the order but before it is signed, any other judge may settle and sign it.[3]
It should be noted that settling an order is not a mere formality. For example, if the Order contemplates the payment of money into or out of Court, a judge’s Endorsement will not be sufficient to effect payment.[4] Moreover, a party wishing to appeal a court’s decision will not be able to perfect their appeal without first getting an issued order. The Court of Appeal recently confirmed that an appeal always lies from the court’s order, not its reasons.[5] It is the appealing party’s obligation to take all necessary steps to perfect their appeal, including drafting the order and, failing agreement of the parties, seeking an attendance to settle it.[6]
[1] Rules of Civil Procedure, RRO 1990, Reg 194, Rule 59.04(9).
[2] Ibid, r 59.04(10).
[3] Ibid, r 59.04(14).
[4] Ibid, rr 72.02(2); 72.03(2).
[5] Toronto Standard Condominium Corporation No. 2931 v Tsatskin, 2025 ONCA 323 (CanLII) at para 6.
[6] Ibid at para 7.
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.
