Mr. Malcolm Archibald

This interview details Malcolm Archibald’s extensive involvement in reforming Ontario’s estate law procedures and rules. As a member and later Chair of the estates sub-committee of the Civil Rules Committee, Archibald worked for over 20 years on modernizing Surrogate Court Rules, implementing block forms to simplify probate applications, and eliminating detailed inventory requirements. He played a crucial role in abolishing the solicitor’s tariff for estate work, arguing that percentage-based fees were unfair and that quantum meruit billing was more appropriate.

Archibald also discusses his significant contributions to law reform initiatives, including chairing the Ontario Law Reform Commission’s advisory committee on estate administration. While most of the Commission’s 1991 report recommendations were never implemented, Archibald successfully advocated for the “Anglicization” of estate terminology – replacing Latin terms with plain English equivalents. He describes the controversial Re: Eurig case, which challenged probate fees as unconstitutional taxation, ultimately leading to legislative changes.

The interview covers Archibald’s involvement in introducing mandatory mediation to estate litigation, his work on various professional committees, and his views on modernizing estate practice. He reflects on significant cases like Stillman Estate, which established the “total return” investment concept for charitable foundations, demonstrating his ongoing influence on estate law development in Ontario.

This description was written by AI and may contain some inaccuracies.