Articles 2020

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Your Comprehensive Guide to Will Challenges (Part 1 of 6): Preparing the Application

  • October 13, 2021
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

Will challenge claims arise frequently, and lawyers who practice in the area of estates are certain to encounter them. It is important to have the tools and knowledge necessary to approach Will challenges with confidence. A recent CPD program series addressed various aspects of Will challenges and provided a comprehensive guide. In this first of a six-part series, one attendee shares a summary of the first session of the program, which deals with preparing the application.

Student Forum, Trusts and Estates Law

Re: Lacroix Estate: Holograph Wills and the Doctrine of Incorporation by Reference During the Time of COVID-19

  • October 13, 2021
  • Natalie Kodsi, articling student, WEL Partners

A holograph Will may seem like a good alternative to a formally executed Will, particularly in the time of COVID-19 lockdowns, when clients and counsel were at times unable to meet in person. The recent decision in Re: Lacroix Estate serves as a reminder that holograph Wills must still meet certain requirements in order to be valid, and highlights the importance of ensuring that all testamentary documents comply with the statutory writing and signing formalities.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - September 21, 2021

  • October 13, 2021
  • Rebecca Rauws, lawyer, and Raphael Leitz, articling student, Hull & Hull LLP

BBLers kicked off the new term with an interesting September Brown Bag Lunch. Topics included codicils, and some unique and creative ways of dealing with vendor take back mortgages in estate planning, and with unclaimed tax benefits in an estate administration.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - June 16, 2021

  • October 11, 2021
  • Rebecca Rauws, lawyer, and Ekroop Sekhon, articling student, Hull & Hull LLP

At the June Brown Bag Lunch meeting, participants discussed current and relevant topics including the ability to obtain sealing orders after the SCC’s decision in the Sherman Estate matter, Wills dealing with cryptocurrency, and the principal residence exemption for residences owned by a testamentary spousal trust.

Student Forum, Trusts and Estates Law

A Challenge of the Underlying Corporate Assessment leads to Director’s Liability Appeal Allowed in Full – a Review of Tran v. The Queen (2021 TCC 51)

  • October 08, 2021
  • Selena Ing and Felix Wu

In Tran v. The Queen, the Appellant successfully disputed a director's liability assessment by challenging the underlying assessment. The Appellant proved that the T4s relied upon by the Minister were overstated. The Crown did not challenge this evidence. As the Crown failed to adduce evidence to reduce the underlying assessment, the Tax Court concluded that the underlying assessment was incorrect and found in favour of the Appellant.

Student Forum, Taxation Law

What's New in Pensions and Benefits – October 2021

  • October 08, 2021
  • Michael Long and Evan Shapiro, Willis Towers Watson

This edition contains updates on new Ontario and Federal legislation, including the implementation of the Federal budget, extension of temporary tax relief for pension plans, and changes to the Canada Labour Code. Also covered is new policy guidance and updates from FSRA, OSFI, and CAPSA as well as recent case law.

Pensions and Benefits Law, Student Forum

Court of Appeal Addresses Novel Question of Appellate Jurisdiction in Class Proceedings

  • October 06, 2021
  • W. David Rankin, Osler

In Johnson v. Ontario, the Court of Appeal addressed a novel question of appellate jurisdiction: is an order refusing to extend the time to opt out of a class action final or interlocutory? The Court of Appeal concluded that the order was final, noting that although the Class Proceedings Act is procedural, the opt-out right is “fundamental to the court’s jurisdiction over unnamed class members."

Class Actions, Student Forum
Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

  • October 03, 2021
  • Kyle Lambert and Shahnaz Dhanani, McMillan LLP

In Morningstar v WSIAT, the Ontario Divisional Court partially quashed a WSIAT decision and held that constructive dismissal claims for chronic mental stress arising from workplace harassment are not statute-barred by the WSIA unless they are improper attempts to skirt the limitations of that Act. This article summarizes this recent decision and discusses the implications it may have for employers and employees in regards to these types of claims.

Labour and Employment Law, Student Forum