Articles 2021

Topics discussed at the March Brown Bag Lunch include wait times for Applications for a Certificate of Appointment of Estate Trustee, the production of medical records, estates involving digital assets, and bitcoin.

FSCO's new targeted review, Quarterly Update, and Pension Assessments, a new case about limitation periods and pension claims, and more...

The group discussed a number of issues, including online registries for wills and powers of attorney, recent estates and trusts decisions and practices for storing revoked testamentary documents.

The Divisional Court granted an employer's application for judicial review of a WSIAT decision. The Divisional Court also provided the employer with declaratory relief, and ordered that the WSIAT decision be quashed.

In Denton v. British Columbia (Workers’ Compensation Appeal Tribunal), 2017 BCCA 403, the British Columbia Court of Appeal ("Court of Appeal") has confirmed that generally speaking, constitutional issues should not be raised for the first time on judicial review as they should be first considered in the context of a developed record.

Due to the flexible nature of the law of claims construction in Canada, the meaning of the commonly used transitional phrase "consisting essentially of" may surprise foreign lawyers and patent practitioners.

Summaries of Taylor's Towing v. Intact Insurance Company, Intact Insurance v. 2229152 Ontario Limited, Dalcor Inc. v. Unimac Group Ltd., Canada v. Callidus Capital Corporation, Canada North Group Inc., Royal Bank of Canada v. Delta, Bankruptcy of Christine Marie Rose Fauvelle, Bank of Montreal v. Linden Leas Ltd., Adebogun v. Canada (Attorney General), Cansearch Resources Ltd. v. Regent Resources Ltd. and Johal v. Nordio

Barry Corbin discusses the recent decision of Justice de Sa in Cotnam v. Rousseau, 2018 CarswellOnt 69. An application under Part V of the SLRA.

Robert Shawyer provides a case comment from Hon. Curtis, J. on the term "openness".

The Ontario Court of Appeal has confirmed a robust and plaintiff-friendly framework for the recognition and enforcement of foreign judgments against state supporters of terrorism under the Justice for Victims of Terrorism Act, SC 2012 c 1 (the “JVTA”).