In the case of the death of a member of the Canadian Forces, the Estates Act of Ontario R.S.O. 1990, Chapter E.21 has for many years allowed a curative provision for what would be a defective will otherwise.
“11. (2) Where, upon the application for probate of the will of a person who at the time of the execution of the will was a member of the forces or was a mariner or sailor at sea or in the course of a voyage, it appears that the witnesses are dead or are incompetent or that the whereabouts of the witnesses, or either of them, is unknown, the judge of the Superior Court of Justice to whom the application is made may accept such evidence as he or she considers satisfactory as to the validity and proper execution of such will, despite anything in this Act or in the rules of court to the contrary. And “member of the forces” means a member of a component of the Canadian Forces…. (b) while placed on active service under the National Defence Act (Canada).”
The special case for exemptions from the usual requirements has been reviewed over the years by law reform commissions in Alberta, Manitoba, British Columbia, and Nova Scotia, with all reaching the conclusion that the legislation should be maintained for members of the Canadian Forces.
Today is the anniversary of D-Day. According to the Canadian War Museum website – “Canada was a full partner in the success of the Allied landings in Normandy. Determined to end four years of often-brutal German occupation, on 6 June 1944, Allied forces invaded Western Europe along an 80-kilometre front in Normandy, France. Of the nearly 150,000 Allied troops who landed or parachuted into the invasion area, 14,000 were Canadians. They assaulted a beachfront code-named “Juno”, while Canadian paratroopers landed just east of the assault beaches. ….The Royal Canadian Navy contributed 110 ships and 10,000 sailors in support of the landings …. On D- Day and during the ensuing campaign, 15 Royal Canadian Air Force fighter and fighter-bomber squadrons helped control the skies over Normandy and attacked enemy targets. On D-Day, Canadians suffered 1074 casualties, including 359 killed.”
Thank you for reading.