MBB Litigation

Emergency Order: Permitting Virtual Witnessing of Wills and Powers of Attorney

Please note that the Lieutenant Governor in Council has made an order under s. 7.0.2(4) of the Emergency Management and Civil Protection Act, providing that for the duration of the emergency:
a requirement under the Succession Law Reform Act that a testator or witness be present or in each other’s presence for the making or acknowledgment of a signature on a will or for the subscribing of a will; and,
a requirement under the Substitute Decisions Act, that witnesses be present for the ex*****on of a power of attorney,
may be satisfied by the means of audio-visual communication technology, provided that at least one person who is providing services as a witness is a Law Society of Ontario licensee at the time.

"audio-visual communication technology" means any electronic method of communication in which participants are able to see, hear and communicate with each other in real time.

You can find a copy of the Order attached here.

The Order in Council will also be posted on this website: https://www.ontario.ca/search/orders-in-council and on e-Laws, as a regulation under the Emergency Management and Civil Protection Act at: https://www.ontario.ca/laws/statute/90e09?search=

Next week, the OBA will be launching a service to assist Ontario lawyers looking to serve clients wishing to update the Wills and Powers of Attorney without meeting in person.

If there is anything else we can do to help, please let us know at [email protected] or view our Quick Guide to OBA Member Special Services

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Meet Ben Tustain!

Ben joined McCague Borlack LLP as an associate in 2019 after articling and practicing at a prominent Toronto transportation law boutique.

Focused on transportation law, Ben has represented corporations and individuals in air, maritime, road and rail disputes, including in the following areas: cargo disputes/thefts, freight forwarders/load brokers, property damage and maritime personal injury. He has also represented clients in related criminal and regulatory litigation.

Outside of transportation law, Ben has acted on matters related to directors’ and officers’ liability, corporate governance disputes, construction law, unsecured debt enforcement and disputes involving charities and not-for-profit associations.

A litigator through and through, Ben’s unique experience in transportation law makes him ideally suited to tackling conflicts of law and private international law issues arising not just from inter-provincial or cross-border litigation, but trans-continental litigation as well.

Ben regularly appears before the Ontario Court of Justice and the Ontario Superior Court of Justice.

To find out more on Ben Tustain: https://www.mbblitigation.com/ben-tustain