Court File and Parties

Re: Estate of Tanya Claudia Davies, 2022 ONSC 2009 Court File No.: 22-44618ES Date: 2022/03/31 Court of Ontario Superior Court of Justice 161 Elgin St., Ottawa, Ontario K2P 2K1

Title of Proceedings: Estate of Tanya Claudia Davies

Counsel: J. Robert Allan

Before: Regional Senior Justice C. MacLeod

Endorsement

[1] This matter came before me as a motion in writing containing an Application for a Certificate of Appointment as Estate Trustee Without a Will and a motion to dispense with the posting of a bond. The Applicants are the parents of the deceased who was herself a well-known family lawyer in Ottawa. According to the affidavits, supported by a death certificate which appears to have been issued by the State of Nevada, the deceased succumbed to COVID-19 in Las Vegas, Nevada on September 25, 2021.

[2] The affidavits depose that the deceased was never married and has no children and that the applicants are the sole heirs under the laws of intestacy. The affidavits further state that there is no will. They attach a list of assets and debts, both of which are significant. There is no evidence about any search for a will.

[3] What the affidavits and the lists of assets and debts do not contain is any reference to the law firm operated by the deceased, Davies Family Law. The law firm is currently in trusteeship and the client records, and any trust funds are under the control of the Law Society of Ontario. I require further information about the status of the practice and any assets or liabilities which affect the estate.

[4] In addition, the affidavits are silent about why Ms. Davies was in Las Vegas. This is important because the court was advised on an earlier date in the context of certain proceedings in which Ms. Davies was counsel that she was married in Las Vegas prior to her death.

[5] Reports of a marriage to a Russian citizen were also circulating on the internet. In fact, there is an entry on the Wikipedia page of one Prokhor Chaliapin, that he married Tanya Davies on July 31, 2021. Rumours and internet postings do not establish facts, but in the context of an application to proceed as an intestacy and certainly in the context of dispensing with a bond, this requires an explanation and possibly notice to the supposed spouse.

[6] The court has a supervisory jurisdiction over the administration of estates and also an obligation with respect to winding up the affairs of lawyers who are officers of the court.

[7] In summary, the motion to dispense with a bond is adjourned to an oral hearing and the application for letters of administration is stayed pending notice to anyone who might reasonably be entitled to notice. The applicants must also conduct searches for a will and publish a request for information about a will through the County of Carleton Law Association.

[8] Notice is also to be given to the Law Society of Ontario and to LawPro to determine if there are additional debts, liabilities or assets or if the Society wishes to take a position on the issue of the bond.

[9] Mr. Allen may contact my office for an appointment if further directions are required.

Regional Senior Justice C. MacLeod Date: March 31, 2022