Articles

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

Welcome from the Chair and Vice-Chair of the OBA's ADR Section.

This quarterly update provides the latest legislative pension and benefit changes in Ontario and Federally, regulatory updates from the Financial Services Regulatory Authority of Ontario, the Office of the Superintendent of Financial Institutions, and the Canada Revenue Agency, as well as relevant case law developments.

This article summarizes recent changes to the Parkland Dedication, Development Charges, Community Benefits Charges, and Environmental Assessment Act regimes.

The case of Calmusky, released March 16, raises questions about the distinctions between assets held jointly with a Deceased, with right of survivorship, and an asset of a Deceased that passes by beneficiary designation on the death of the Deceased. Are there fundamental and principled differences between the two, or should both be subject to the same presumptions of resulting trust? This case comment reviews the facts of case, and flags some difficulties with the result.

This article considers the interplay between section 80.4, subsection 15(2) and paragraph 20(1)(j) of the Income Tax Act (Canada).

Each month, the Trusts & Estates Section hosts a Brown Bag Lunch (or "BBL"). Any interested members are welcome to join. Participants discuss legal developments, procedural challenges, and any other issues that arise. If you've been missing your usual pre-Covid opportunities to network and discuss practice issues with your colleagues, pop by the next BBL, taking place via Zoom. This article provides a summary of topics discussed at the last BBL, including the surprising decision in Calmusky.