Articles 2020

Aujourdʼhui
Aujourdʼhui

Schoelly v. College of Massage Therapists of Ontario, 2020 ONSC 1348

  • 05 mai 2020
  • Patricia Harper, partner, Keel Cottrelle LLP

This was an appeal of Jose Schoelly (“Mr. Schoelly” or the “Member”), a registered massage therapist, with respect to the outcome of discipline proceeding before a panel of the Discipline Committee of the College of Massage Therapists (“Discipline Committee” or the “Panel”).

Droit administratif, Student Forum

Sunrise North Senior Living Ltd. v. the Sheriff of the Regional Municipality of York & Rohan Salmon (Jan 23 2020)

  • 05 mai 2020
  • Edgar-André Montigny, Montigny Law

In this case, the Applicant, Sunrise North Senior Living, was seeking an order in the nature of mandamus compelling the Sheriff of the Regional Municipality (Sheriff) to comply with an order requiring the eviction of the respondent Rohan Salmon (Salmon) from a unit in Sunrise North. This case provides a clear analysis of requirements to obtain an order in the nature of mandamus, in particular, discusses the issue of the balance of convenience which was a key factor in this case.

Droit administratif, Student Forum

Responsive Justification and Sufficiency of Reasons: Mattar v The National Dental Examining Board of Canada

  • 05 mai 2020
  • Rachel Weiner

Mattar v. The National Dental Examining Board of Canada, 2020 ONSC 403 (Div Ct) is a decision of the Divisional Court, released only a couple of months after the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65. As one of the early decisions to consider the new doctrine of responsive justification, Mattar is one example of how Vavilov may motivate reviewing courts to require better quality administrative tribunal reasons.

Droit administratif, Student Forum

Patently Unreasonable Held to Have Same Meaning as Reasonableness

  • 05 mai 2020
  • Christopher Wirth, partner, and Sakshi Chadha, articling student, Keel Cottrelle LLP

In the decision of Intercounty Tennis Association v. Human Rights Tribunal of Ontario, 2020 ONSC 1632, the Divisional Court held that applying the revised rules of judicial review established by the Supreme Court of Canada in Canada v. Vavilov, 2019 SCC 65 meant that patent unreasonableness in the Ontario Human Rights Code was akin to reasonableness, and dismissed an application for judicial review concluding that the Human Rights Tribunal of Ontario’s finding of discrimination was reasonable.

Droit administratif, Student Forum

Zhang Hong Li and others v DBS Bank (Hong Kong) Ltd.: Case Comment

  • 04 mai 2020
  • Marly Peikes, associate lawyer, O'Sullivan Estate Lawyers LLP

Those who draft complex trust instruments need to keep in mind various clauses that can modify a trustee’s duty, offering protection where liability would otherwise attach. This blog discusses a recent Hong Kong case and its upholding of an anti-Bartlett clause, used to to exclude a trustee's duty to supervise or intervene in the management of a company in which the trust holds shares.

Student Forum, Droit des fiducies et des successions

Kissing Cousins Reunited: Focus On Family Law Issues In Estates Planning

  • 04 mai 2020
  • Jessie Gomberg, LLM Candidate, University of Windsor

A summary of some useful practice tips covered at the OBA Program Kissing Cousins Reunited: Focus On Family Law Issues In Estates Planning, including how to manage joint retainers - and when to avoid them - for spouses with blended families.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – March 17, 2020

  • 04 mai 2020
  • Rebecca Rauws, associate, and 
Devin McMurtry, articling student, Hull & Hull LLP

In the face of Covid-19, the OBA’s Brown Bag Lunches have continued via Zoom, and become an even more important forum for practitioners. At the March BBL meeting, members grappled with new challenges of court closures and practicing in the era of social distancing, plus more enduring issues such as the relationship between capacity to consent to MAID and testamentary capacity, and an attorney for property or personal care’s ability to make substitute decisions about reproductive material.

Student Forum, Droit des fiducies et des successions

The Case of Lawen Estate and Implications in Ontario

  • 04 mai 2020
  • Matthew Urback, Partner, Shibley Righton LLP

In Lawen Estate, the Nova Scotia Supreme Court held that testamentary autonomy is protected by s. 7 of the Charter, and the provisions of the Testators’ Family Maintenance Act which allow a judge to grant dependant's support to independent adult children were not saved by s. 1. This article considers what the court's ruling might mean for dependant's support legislation across Canada, as well as what effect it might have on the court's approach to public policy limits of testamentary freedom.

Student Forum, Droit des fiducies et des successions

Commissioning Affidavits During Covid-19

  • 04 mai 2020
  • Angela Casey, partner, and Lucy Goytisolo, law clerk, Casey & Moss LLP

While social distancing remains in effect, everyday elements of our legal practice have become the most complicated. This article summarizes the guidelines available for virtual commissioning of affidavits and sets out a step-by-step process for putting virtual commissioning into practice, including the pros and cons of different methods, some stumbling blocks, and how to mitigate the associated risks.

Student Forum, Droit des fiducies et des successions

Update from the Estates List Users Committee

  • 04 mai 2020
  • Gillian Fournie, OBA Trusts & Estates Executive member, on behalf of the Estates List Users Committee

This article is essential reading for those with matters before the Toronto Estates Court. The Estates List Users’ Committee (“ELUC”) is comprised of members of the Toronto Estates Court and various stakeholders, including representatives of the OBA Estates & Trusts executive, who meet regularly to discuss issues affecting the court. This article summarizes the direction given by the court at recent meetings regarding practice during the suspension of normal court operations.

Student Forum, Droit des fiducies et des successions