Resealing under the SDA

June 27, 2013 Hull & Hull LLP Estate & Trust Tags: , 0 Comments

Estates and Trusts practitioners tend to think of "resealing"  in the context of probate.  A common example is where a Will is probated in, for instance, the United Kingdom and is then "resealed" by the Ontario Superior Court.  Put another way, the law of one jurisdiction governs the initial grant of probate while the second jurisdiction recognizes or "reseals" the probate under its laws.

Under the Substitute Decisions Act ("SDA"), there is a process of resealing foreign orders that appoint substitute decision makers.  Where, for instance, a Committeeship Order is made under the laws of British Columbia, and if the parties move to Ontario, the Ontario Superior Court can reseal the Order.  The effect of resealing is to recognize the original order in Ontario as a Guardianship Order and all provisions of the SDA apply assuming the guardian and the incapable person reside in Ontario.

Extra-provincial orders are considered "foreign" orders as defined in the SDA.  One of the characteristics of resealing is that the provisions of the SDA may, going forward, afford rights and entitlements that are not otherwise available under the originating legislation.


David M. Smith




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