The Annotated Guardianship Application 2024

By Yasmin M. Vinograd of Merovitz Potechin LLP on Wednesday March 13, 2024.

In the earlier stages of my career as an estate litigator, the annotated guardianship application program, offered by the Law Society of Ontario, was one of the programs I found most useful to my practice. It contained precedents which covered the guardianship process from beginning to end, starting with the retainer letter, through annotated notice of application, affidavit and order, to the final reporting letter. Over the span of my 13 years at Merovitz Potechin, the materials provided by this program have remained indispensable and I have gone back to them over and over again.

I had the privilege of co-chairing this year’s program, together with Jan Goddard, the founding partner of Goddard Gamage LLP. The program took place on March 6, 2024, in Toronto, and was viewed by over 250 participants, province-wide, via webcast.

Although I am biased, I believe this year’s program carried on the tradition of providing valuable, practical and relevant information for the participants. Angela Casey and Tanisha Tulloch tackled the precedents and provided tips and guidance on what to address in the materials, how to complete the management and guardianship plans, and whether a guardianship application is appropriate when there are competing powers of attorney.

With help from Vasu Naik, we dove deep into the role of section 3 counsel, what they can and what they can’t do, the process of appointing section 3 counsel, and how to deal with counsel, once appointed. During a discussion about high-conflict families with Arthur Fish and Alexander Procope, I learned a few new catchphrases that I fully plan on adopting. The phrase “multi-issue guardianship litigation” refers to situations when the guardianship is just one of the issues at play in the dispute. The phrases “high conflict, low resolution” and “free floating distrust” that were discussed gave the audience a viewpoint not frequently considered: uncovering the true causes that are at the basis of the family conflict can have a profound impact on the litigation and the ability to resolve the dispute outside of court. As litigators, we tend to focus on the dispute (and how to win the case) and less on the root causes.

Jordan Korn and Doreen So tackled difficult questions about capacity, the duties and powers of guardians of property and the summary disposition process for guardianship.

The program featured insights from the Office of the Public Guardian and Trustee, presented by Lisa Filgiano, of the PGT’s role in guardianship application and highlighted common mistakes in the application materials.

Merovitz Potechin’s own Merredith MacLennan educated the participants about the ability and benefits of registering guardianship orders on title, and what steps can be taken to increase the chance that the order will be accepted by the Land Registry’s Office, as well as other orders that can be registered on title to protect the interests of vulnerable individuals.

As someone deeply committed to the field of estate litigation, I recognize the significance of continuous learning and professional development. Whether you are a seasoned lawyer looking to refine your skills or are new to estate litigation and eager to expand your understanding of guardianship applications, this program promises to provide you with useful resources. I wholeheartedly encourage you to take advantage of this program’s recording.

I am grateful to the Law Society of Ontario Continuing Professional Development (CPD) for continuing to host such impactful programs. This enriching agenda has equipped many with the knowledge and tools that are needed to excel in guardianship applications.

I was honoured to have the opportunity to co-chair this program alongside Jan Goddard. Collaborating with Jan has been an absolute pleasure, and her expertise has enriched the experience for all involved. I am immensely appreciative of each speaker who dedicated their time and effort to this program. Their commitment to excellence and willingness to share their wealth of knowledge with their colleagues is commendable. It is through their hard work, passion, and expertise that this program has become such a resounding success.

You can access the program here if you have purchased it