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LEGAL REPORT: WILLS, TRUSTS , & ESTATES entering a collaborative agreement." While the estate bar in Ontario has been talking about collaborative law for 10 years, it is only now emerging as a possible ADR route. On April 7, the newly formed Collaborative Estates Law Working Group held a session to introduce the executive and talk about the concept. A second meeting was planned for September. "Our approach will be community education," says Hull. "We hope to elevate the concept in the mind of the bar and the public so that it will get more traction. It's a com- pletely novel concept and people don't understand it." Organizer Clare Burns, of WeirFoulds LLP, describes the proposed model as a formal approach varied to suit the pecu- liarities of estate law. "There are far more parties than in family law matters, which presents challenges. We wouldn't want to see 19 lawyers signed up. That's not appro- priate from a proportionality perspective. Also, the estate bar is quite small. There is a real issue as to whether the disquali- fication should apply to the entire firm as Capacity to Marry and the Estate Plan Helping you to understand the legal issues involved This is the first comprehensive resource to look at the validity of marriages in the context of estate administration, planning and litigation. It explores the requisite capacity to contract marriage and with it testamentary capacity, capacity to manage property and the person, with a focus on predatory marriages. Order your copy today Hardbound • 154 pp. • $78 February 2010 P/C 0871010000 ISBN 978-0-88804-500-3 The authors possess various expertise offering guidance from both legal and medical points of view, providing commentary and analysis of the legislation, case law and societal issues. As a result, this resource helps legal practitioners to ask the proper questions when advising their clients. opposed to the individual. Further, where we are dealing with children or people without capacity, contracts can't bind any- one without court approval. In Ontario, the Children's Lawyer or the Public Guardian and Trustee only get authority when pro- ceedings are commenced. We may need to start proceedings in order to get the appointment and then divert it. This is different from family law where the object is never to start proceedings." The Alberta estate bar has also been troubled by the involvement of the Public Trustee. "The question is what do they do when negotiations fail?" muses de Villars. "They are all in the same firm, so to speak. We have discussed whether they would get an outside lawyer in and we have discussed a protocol to protect information revealed in negotiations if it breaks down." In Saskatchewan, there is a different canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. CL1010 Prices subject to change without notice, to applicable taxes and shipping & handling. approach altogether. "What we're work- ing on is a way to build some media- tion or arbitration into the collaborative process for when you're close to settled," explains Brad Hunter, a past president of Collaborative Lawyers of Saskatchewan. "In a hybrid model, we could start with a collaborative type of negotiation. If there's one set of clients with one interest and another set of clients with another inter- est, we would be able to work with that. If we can at least focus the issues, we have more chances of getting a result without full-scale litigation." The Canadian Bar Association's revised Code of Professional Conduct issued in January 2010 is about to be adopted in Saskatchewan. It includes an ethical obligation for lawyers to consid- er ADR in every dispute, inform the client if appropriate, and pursue that course if instructed. Most law societies have policies modelled on this provision or have already The Society of Trust and Estate Practitioners STEP Canada is the leading international organization for trust and estate practitioners, with 2,000 members across Canada and 14,000 worldwide holding the Trust and Estate Practitioner designation (TEP). If you are a lawyer, accountant, nancial planner, insurance advisor or trust professional working principally in Trust and Estate Practice, STEP Canada provides a forum for discussion and advancement of practitioner knowledge through regular branch seminars, webinars, symposia, a quarterly publication, and an annual national conference. For an Experienced Practitioner with 10 years work experience in this eld, STEP membership will enhance your practice and the TEP designation will reect your specialized knowledge and expertise. If you are a Young Practitioner, the STEP Diploma Program route to membership provides you with the opportunity to cover all signicant aspects of trust and estate planning, and prepares you to deal with complex client situations. To join STEP, contact us: STEP Canada Tel: 416.491.4949 Toll free: 1.877.991.4949 memberservices@step.ca 50 OC T OBER 2010 www. C ANADIAN Law ye rmag.com Step_CL_Oct_10.indd 1 1 Richmond Street West Toronto, Ontario M5H 3W4 www.step.ca 9/13/10 9:07:55 AM Kimberly W The Honourable Justice H and Helena Likwornik haley, Dr. Michel S eather McGee ilberfeld,