A recent CBC News article reports on the death of 25‑year‑old Karina Brydnya, a Ukrainian resident of Nova Scotia. Her passing has drawn attention to the significant challenges that arise when an individual dies in Canada while their immediate family members reside abroad.
Background: The Brydnya Case
As reported by CBC News, 25‑year‑old Karina Brydnya passed away in early January without any immediate relatives in Nova Scotia. Her mother and sister, who remain in Ukraine, were unable to obtain visas in time to travel to Canada. In their absence, members of the Ukrainian community in Halifax assisted with funeral arrangements and with efforts to repatriate Brydnya’s remains. This situation illustrates the emotional and administrative complexities that can arise when a death involves family members residing outside of Canada.
Repatriation Requirements and Delays
Repatriation from Canada requires the coordination of multiple documents and governmental processes. In Brydnya’s case, the medical examiner’s investigation delayed the issuance of a full death certificate, which in turn prevented cremation and transport from proceeding. Such delays can be significant and may impede not only repatriation but also estate‑related steps that depend on formal proof of death. These steps include commencing a probate application, identifying Canadian‑based assets, and engaging with financial institutions. As Brydnya’s circumstances demonstrate, families attempting to manage these processes from abroad may experience prolonged periods of uncertainty.
Authority to Control Remains and Cross-Border Barriers
Another practical difficulty arises when the deceased has no next‑of‑kin physically present in Ontario. Under the Funeral, Burial and Cremation Services Act, 2002 (“FBCSA”), no funeral services or disposition may occur without proper authorization, and funeral service providers must confirm that the person giving that authorization has the legal authority to do so. In Ontario, that authority ordinarily lies first with the estate trustee named in the will. Where there is no appointed trustee, the right to control disposition generally follows the common‑law hierarchy of next‑of‑kin, beginning with the spouse and then the closest adult relatives. While this framework identifies who has legal priority, the FBCSA offers little practical assistance when the authorized person resides outside Canada. The required authorizations and supporting documentation must still be completed abroad, authenticated or notarized as necessary, and returned to Ontario funeral providers within a narrow timeframe. When the individual with authority cannot travel, encounters administrative or consular delays, or is otherwise unable to complete the required documentation promptly, neither the statute nor the common law provides a mechanism to mitigate those delays.
International Transport of Remains
The logistical challenges are compounded when arranging international transport of remains. Ontario funeral homes must coordinate documentation with consulates, medical authorities, translation services, and international carriers, each of which imposes distinct procedural requirements. As noted in the article, cremated remains can typically be transported with fewer obstacles, provided that the funeral home issues the necessary certificates and the remains are placed in an approved container. Full‑body repatriation is substantially more complex and costly, requiring embalming, sealed shipping containers, and extensive cross‑border documentation. These practical constraints frequently influence the decisions of grieving families. In this case, given the anticipated delays associated with full‑body repatriation, Brydnya’s family elected to proceed with cremation once the medical examiner’s investigation was complete.
Estate Planning Considerations for International Families
For Canadians whose closest relatives reside outside the country, these circumstances underscore the practical value of advance planning. Preparing a valid Ontario will and appointing an estate trustee who resides in the province can reduce delays both in authorizing the disposition of remains and in initiating estate administration. Because an estate trustee cannot obtain a Certificate of Appointment until acceptable proof of death is available, any delay in finalizing the disposition or securing necessary documentation can postpone the point at which the trustee may act. Clear, upfront planning can therefore help ensure that the administrative steps following death, both with respect to the disposition of remains and the administration of estate assets, proceed without the complications that often accompany a cross‑border death.
Conclusion
The response of the Halifax Ukrainian community ensured that Karina Brydnya’s remains would be returned to her family, but the broader issues remain. This case illustrates that the legal, logistical, and administrative requirements following a death can become significantly more complex when international borders are involved. For practitioners, it reinforces the importance of advising clients with international ties about the implications of Canada’s death‑administration framework and the planning steps that may help mitigate future difficulties.
Thanks for reading,
David Morgan Smith and Emily Adamo (student-at-law)
Reference
Giuliana Grillo de Lambarri, “Barriers to sending remains abroad highlighted by death of Ukrainian in Halifax”, (18 January 2026), online: https://www.cbc.ca/news/canada/nova-scotia/barriers-to-sending-remains-abroad-highlighted-by-death-of-ukrainian-in-halifax-9.7050092