Wills, Powers of Attorney and Affidavits creatively being executed in Ontario

While it seems that COVID -19 has caused the world to come to an unsettling pause, It is possible to remain available to meet the needs of clients. Advances in technology have dramatically changed the way in which we can conduct our business, and the courts and legislatures have been approving of the use of these methods in areas where tradition and formality has always reigned supreme.

For documents that require a client’s signature, online platforms that allow a client to use their “e-signature” instead of their handwritten signature are accepted. These programs allow documents to be transmitted via email, removing the need for clients to print, sign and scan documents.

The Law Society of Ontario, has announced, that until further notice, they will interpret the requirement under the Commissioner’s Act, requiring oaths and declarations to be taken in the presence of the commissioner/notary, to extend to the virtual presence of the commissioner. In the appropriate circumstances, utilizing video platforms, law firms will be able to commission/notarize affidavits remotely without physically being in the presence of the client.

The Courts remains physically closed until further notice, but urgent matters can proceed by way of in writing, telephone, or video conference. In addition to urgent matters, the Court has been allowing other select matters to proceed remotely.  The profession has set up rosters of estate arbitrators who are available to rule on procedural issues on consent of the parties so that matters that may otherwise need Court intervention to move forward can be dealt with.

Finally, unique methods are being used to ensure that clients can continue to make valid Wills and Powers of Attorney or update existing Wills and Powers of Attorney in a socially distant compliant manner. Lawyers have been participating in “drive by” and porch singings to ensure clients can have these documents executed. As well, Ontario’s Attorney General has now announced an emergency Order that allows for the virtual witnessing of these documents over videoconference, so long as one of the two witnesses is a licensed lawyer in Ontario.

All of the provinces in Canada have adopted similar measures to ensure clients have access to legal resources during this time. Here is also a list of states in which remote or electronic notarization is currently permitted:https://www.naela.org/Web/About_Tab/Advocacy_and_Foundation/Advocacy/Electronic_Notary_Legislation.aspx?_zs=KlusX1&_zl=CPBi6