Articles 2020


Half-Term Report from the Chair of the Trusts and Estates Law Section Executive

  • February 14, 2019
  • Pia Hundal, Dentons LLP

Half-Term Report from Pia Hundal, chair of the Trusts and Estates Law Section Executive, on recent work by the executive including Make a Will Month, response to Re Milne Estate, submissions to the Attorney General regarding proposed legislation on Electronic Beneficiary Designations, Brown Bag Lunches and a breadth of continuing professional development programs.

Student Forum, Trusts and Estates Law

Online Romance Scams Affecting Elder Persons

  • February 13, 2019
  • Brittany Sud, Faskens

In 2018, the Canadian Anti-Fraud Centre cited romance scams as the top reported scams based on total dollar loss. Elderly persons are particularly susceptible to these types of scams. Unfortunately, the late Robert Hogg fell victim to a romance scam, which was not discovered until after his death.

Elder Law, Student Forum

Regional Senior Justice Daley Address re: Facilities 2018

  • February 11, 2019
  • The Honourable Justice Daley

This is an address by Justice Daley regarding the current state of the Brampton Court facilities, including examples of existing challenges and conditions, and how these may affect the Bench and Bar, and in turn how this is impacting the public.

Family Law, Student Forum

A Love Note to the Offer to Settle

  • February 11, 2019
  • Christine Marchetti, partner, family lawyer, Stanchieri Family Law

This is an article, just in time for Valentine's Day, about Offers to Settle and issues that may arise; in particular when counsel signs the Offer on behalf of a client. This is a valuable piece on proper process and form of the Offer, as well as a reminder to make an Offer and make it early if possible!

Family Law, Student Forum

Mullin v. Sherlock: ONCA Provides Framework for Motions to Strike Based on Non-Disclosure and Encourages Alternative Remedies

  • February 11, 2019
  • Vanessa Lam, research lawyer, The Law Office of Vanessa Lam

This article discusses striking pleadings based on non-disclosure, focusing on the 2018 case Mullin v. Sherlock. This decision, at the time of writing, was infrequently cited on CanLii and Westlaw, which surprised the author, who found that the case provided a general framework for this type of motion, including the court’s direction that a motions judge should be specific on what is being struck, and it provides useful precedents.

Family Law, Student Forum

Capacity, or No Capacity, That is the Question (and the Big Bad Wolf knew it!)

  • February 11, 2019
  • Christine Vanderschoot (article), Marisa Vekios (cases chart)

This is an article about capacity issues and how the practice of family law may be impacted, including the capacity to marry (and reconcile), the capacity to make legal decisions and instruct counsel, and how the issue of capacity may be manipulated by parties seeking to use it as a sword or shield.

Family Law, Student Forum

Managing Workplace Diversity

  • February 11, 2019
  • Christiane Saad

Some practical steps for law leaders engaged in management of workplace diversity.

Law Practice Management, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (January 28 – February 1, 2019)

  • February 11, 2019
  • John Polyzogopoulos

In Presley v Van Dusen, the Court of Appeal yet again dealt with discoverability. In McDowell v. Fortress Real Capital Inc., the Court of Appeal overturned in part a motion judge’s decision to strike out the claims of a proposed class proceeding for various allegations of misconduct. Other topics covered this week included contractual interpretation, conflict of laws and costs in the family law context.

Civil Litigation, Student Forum