ARTICLE · 10 SEPTEMBER 2025

Substantial Compliance: The Court's Curative Power Has Limits

O'Sullivan Estate Lawyers LLP

Explore more from O'Sullivan Estate Lawyers LLP

In June 2025, my colleague, Michael G. von Keitz, wrote a blog titled ‘1,270 Days Later: The Sequel to Substantial Compliance in Ontario'.

CanadaFamily and Matrimonial

Namratha Sankar

Author LinkedIn connections

In June 2025, my colleague, Michael G. von Keitz, wrote a blog titled '1,270 Days Later: The Sequel to Substantial Compliance in Ontario'.

His blog reviewed a trio of cases (Salmon v Rombough, 2024 ONSC 1186, O'Neill Estate, 2024 ONSC 2228, and Urback v Canadian Cancer Society et al., 2025 ONSC 3313) each of which further clarified the boundaries of substantial compliance legislation in Ontario (subsection 21.1(1) of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the "SLRA") gives the court the discretion to validate a testamentary document that was not properly executed or made under the SLRA).

In the two months that have transpired since my colleague's blog, the Ontario Superior Court of Justice (the "Court") has released two more decisions, both providing useful guidance about when the Court will step in (or not step in) with its curative powers:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Trusts: A Powerful But Often Misunderstood (And Sometimes Misused) Planning Tool (Part 2)

CanadaFamily and Matrimonial

Aird & Berlis LLP

Joint Wills vs. Mutual Wills In British Columbia: Lessons From Aulinger v. Oda, 2026 BCCA 13

GlobalFamily and Matrimonial

Watson Goepel LLP

Why You Should Name An Alternate Executor In Your Will (Video)

CanadaFamily and Matrimonial

Devry Smith Frank LLP

When "No Contest" Means No Inheritance: No-Contest Clauses In Ontario Wills

CanadaFamily and Matrimonial

O'Sullivan Estate Lawyers LLP

When Can A Court Remove An Executor In Ontario?

CanadaFamily and Matrimonial

Blaney McMurtry LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Family Law

See more popular content from

Family and Matrimonial

Before December 31: A Cross-Border Estate Planning Check-Up For Canadian Families

Canadian families with U.S. connections face unique estate planning challenges that require regular review. This comprehensive guide examines eight critical areas—from wills and powers of attorney to cross-border trusts and reporting obligations—that warrant attention before year-end, particularly when family circumstances, asset values, or residency status have changed.

CanadaFamily and Matrimonial

Canada-US Estate Planning: A Complete Guide For Snowbirds And Cross-Border Families

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.

CanadaFamily and Matrimonial

Ontario Probate: A Step-by-Step Guide For Executors (Including Estates With US Property)

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.

CanadaFamily and Matrimonial

Canadian Citizenship By Descent: Canada Expands Eligibility Under Bill C-3

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.

CanadaFamily and Matrimonial

O'Sullivan Estate Lawyers LLP

The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning

CanadaFamily and Matrimonial

Thompson Dorfman Sweatman LLP

Understanding Probate In British Columbia: What You Need To Know

Probate in British Columbia is the legal process that confirms a deceased person's will and authorizes the executor to administer the estate. While not every estate requires probate, it is often necessary when real estate or significant assets are involved.

CanadaFamily and Matrimonial

Watson Goepel LLP

Avoiding Probate In Ontario: Risks Of Adding Children To Title (Video)

Should you add your adult children to your property title to avoid probate in Ontario? This estate planning decision can have consequences beyond probate costs.

CanadaFamily and Matrimonial

Devry Smith Frank LLP

AI And The Future Of Estate Planning: Will Estate Lawyers Become Obsolete?

With the rapid progress of artificial intelligence in the legal field, we often hear the same question arise again and again: will AI replace the need for estate planning lawyers?

CanadaFamily and Matrimonial

O'Sullivan Estate Lawyers LLP

Estate Freeze Alert: Ontario Court Of Appeal Rules Trust Interest Is Not A Gift After Marriage

A family trust settled by a parent after a child’s marriage would normally be considered a “gift after marriage,” excluded from equalization under Ontario’s Family Law Act. In Lang-Newlands v. Newlands, 2026 ONCA 530 [Lang-Newlands], the Ontario Court of Appeal (the “Court”) held otherwise. The Court found that because the trust’s value derived entirely from shares the beneficiary already owned at the date of marriage, her interest in the trust was not a gift, and she now faces a substantial equalization payment.

CanadaFamily and Matrimonial

Capacity Proceedings Explained: When To Seek A Court-Ordered Capacity Assessment (And What Happens Next)

Questions about a person's mental capacity often arise at some of the most difficult moments in a family's life. Adult children may be worried about an aging parent's finances or personal care. Siblings may disagree about whether a parent understood a new will or power of attorney.

CanadaFamily and Matrimonial