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.
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.
Jul 18, 2025
After months of waiting, you’ve finally received your Certificate of Appointment from the Court, and you can now manage the estate, pay debts, bring in the assets, file taxes, and distribute funds.
But what do you do if you don’t know the full value of the estate and the Estate Information Return (EIR) deadline is 180 days away and fast approaching?
As an estate trustee, you have the responsibility to determine the assets of the estate and confirm the values as of the Date of Death, and it can often be a long and difficult process to obtain the information you need from a financial institution.
If you are not aware of the assets, you can consider using a service like Estatesearch or hire a lawyer to do a deep dive and uncover any accounts.
Here are a few tips and steps you should take to obtain the information you need:
1. Hire a Lawyer: In many ways it is valuable to have a lawyer assisting and advising you on the estate administration process and to reach out to the different financial institutions on your behalf. There is a cost associated with this work, so take this into consideration.
2. Prepare notarized copies of the following documents (notaries, lawyers, and paralegals can provide this service):
- Will (if obtaining prior to issuance of your Certificate of Appointment)
- Death Certificate
- Issued Certificate of Appointment
3. Provide a copy of a valid government-issued photo ID to the bank.
4. Walk into the bank branch and provide them with the notarized documents and inquire about how you can obtain statements showing balances as of the date of death. Some estate departments of banks require the branch staff to verify the physical copies of the documents and your ID in person before speaking to the Estate Trustee on the phone or via email.
5. If applicable: Call the bank and inquire about how to submit the documents needed to gain access to the statements. Some will accept clear, scanned emailed, mailed or faxed-in copies and others require you to attend in person.
6. If applicable: Mail or fax the above documents to the relevant estate department along with your request for the balance of the account and statements as of the date of death.
7. Follow-up and keep good records. On that first conversation with the bank, ask for a reference number, and phone number or email address so that you can follow up on the status of your request. Once you receive the requested information, save it and make note of the documents and values received for when you need to report to the court and on your Estate Information Return.
Olesya Johnson
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.
