Court File and Parties

Court File No.: 2023-907523 Date: 2023/01/24 Superior Court of Justice - Ontario

Re: In the Estate of Robin Bernard Dauphinais, Deceased

Before: Justice I.F. Leach

Counsel: George Delrue, for the applicant

Heard: In writing.

Endorsement

[1] Before me is an application by Jean Yvette Copeland, one of the surviving siblings of the deceased, Robin Bernard Dauphinais, for a small estate certificate.

[2] Mr Dauphinais apparently was one of eight siblings, and is survived by four of his sisters and numerous nephews and nieces. He died without a will and without debts in the city of Palm Springs, California, on October 5, 2020, leaving an estate consisting entirely of personal property with a total estimated value of $44,587.19.

[3] Pursuant to the definitions set forth in section 1 of the Estates Act, supra, the term “small estate”, as used in the Act, is defined as “an estate that does not exceed the amount prescribed by regulations made” under s.1(2) of the Act, which permits the Lieutenant Governor in Council to “make regulations prescribing an amount for the purposes of the definition of ‘small estate’” in subsection 1(1) of the legislation.

[4] Pursuant to section 1 of O.Reg.110/21 made under the Estates Act, supra, “For the purposes of the definition of ‘small estate’ in section 1 of the Act, the prescribed amount is $150,000”.

[5] I accordingly find this matter to be a “small estate”.

[6] In my view, the requirements of Rule 74.1 also have been satisfied, and the requested certificate should issue to Ms Copeland. No one else has applied for a certificate in relation to the estate, she is entitled to apply for appointment as her brother’s estate trustee as one of his next of kin, and her application is supported not only by Ms Copeland but also by her three surviving sisters, all of whom have documented their consent in that regard. Together, the sisters represent a majority of the beneficiary interests in the estate.

[7] Moreover, as Ms Copeland resides in Ontario, no beneficiary of the estate is a minor, and no beneficiary of the estate is incapable within the meaning of section 6 of the Substitute Decisions Act, 1992, in respect of any issue in this proceeding, no estate administration bond is required, having regard to s.36(3) of the Estates Act, R.S.O. 1990, c.E.21.

[8] I have finalized and signed the submitted draft order accordingly.

Justice I.F. Leach Date: January 24, 2023