Articles 2021

In Becker, the Court found the trial judge made no error by not considering an alternate theory that, though not raised and developed at trial, was never formally abandoned. In Toronto Std Condo Corp, the Court clarified that claims within the scope of an arbitration agreement must be arbitrated. This case also addressed stare decisis. Other interesting cases covered pre-trial procedure where a decade-old claim was further delayed due to COVID-19, and introduction of fresh evidence on appeal.

Jan Goddard was this year's recipient of the OBA Award of Excellence in Trusts and Estates Law. For those who missed the virtual awards ceremony and Jan's inspiring comments, we have included her speaking notes for your reading pleasure. Congratulations again, Jan, and thank you for reminding us what an important, and endlessly interesting, area of law this is.

On September 21, 2020, the Province published notice of a proposed regulation under the Ontario Heritage Act, finally implementing amendments passed as part of Bill 108, the More Homes, More Choice Act, 2019. Both the amended Act and the regulation are to come into force on January 1, 2021. This article offers a summary of the changes.

On the evening of September 30, 2020, over 120 lawyers and other professionals attended virtually to hear from Roger Love and Faisal Mirza on “Civil, Charter, and Human Rights Challenges,” part 2 of the Race and Policing Series, co-hosted by the Criminal Justice and Constitutional Civil Liberties and Human Rights (“CCLHR”) sections of the Ontario Bar Association (“OBA”). This article provides a brief summary of the program.

A hotly anticipated regulation under the Planning Act (O. Reg. 509/20) came into force on September 18, 2020, following on the heels of two recent amendments to the Planning Act: Bill 108, the More Homes, More Choices Act, 2019 and Bill 197, the COVID-19 Economic Recovery Act, 2020. Alongside the regulation, the Province proclaimed into force the remaining Bill 108 and Bill 197 amendments to the Development Charges Act and Planning Act. Here are six things you need to know now.

Recently created small businesses seem to be largely ignored by the current government grant rules as not worthy of the government’s support, either due to their perceived value to the economy, or due to potential for abuse, or other reasons. This policy needs to be carefully reviewed by the government, especially since the pandemic and the related economic turbulence is far from over.

While there is no handbook or a single best way to start your own practice, experience has taught Annamaria Perruccio a few things that law school and case law did not. Read on to learn how various points in her extra-law experiences have shaped her to be a great solo practitioner, and how these points may apply to you too.

Erin Cowling provides her perspective on the unique opportunity for solo and small firm lawyers to assist newly called lawyers looking to switch practice areas. Read on to find out her experience and her take on how solo and small firm lawyers can give these lawyers a chance.

Rocco G. Scocco offers readers his personal “Top Five Lessons” learned in his first year of sole practice as a freshly minted lawyer. If you are seeking advice about whether sole practice is right for you, the only ones who can give that advice are other lawyers who have done it themselves. Most importantly, the only person who can know if it is the right choice is you.