Articles

It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks. This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment directly. It has also been expanded to include “disclosing the nature of the proposed treatment and any material, special, or unusual risks of the treatment." The Ontario Court of Appeal recently applied these duties of care.

It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509, the Ontario Court of Appeal reversed a decision regarding an insurance coverage determination.

The OBA Trusts and Estates Law Section’s Public Affairs and Policy Committee had a busy 2023/2024 term, having an ambitious list of projects on their docket. In this article, Angelique Moss and Demetre Vasilounis (co-Chairs of the committee) highlight some of these projects.

The Ontario Bar Association’s annual Evening with Estate Judges event, put on by the OBA’s Trusts and Estates Law section, took place on June 10, 2024. In this article, Sydney Osmar offers some key take aways and discusses The Estate List Amicus Pilot Project.

In this article, Diane Vieira discusses the case of Bradshaw v Hougassian. This is a decision of the Ontario Court of Appeal which clarifies the legal requirements for finding a purchase money resulting trust.

As the Canadian population continues to age, elder financial abuse remains a growing concern. Financial elder abuse cases may seem clear cut, but they can present numerous challenges that make the road to resolution difficult for litigators. This article summarizes the key challenges that present themselves when lawyers take on elder financial abuse cases and highlights the strategies that they can employ to combat these challenges, even before the case begins.

Recent developments in franchise law are highlighted in two recent and notable cases that provide insights into the complexities of franchise agreements and the legal principles governing them. Together the cases address significant issues such as breach of contract, the application of constructive trusts, the duty of good faith, and the interpretation of franchise agreements, reflecting the evolving nature of franchise law in Canada.