Articles

Aujourdʼhui
Aujourdʼhui

Tran v. Bloorston Farms Ltd.: The Limitation of Foss v. Harbottle

  • 19 novembre 2020
  • Jackie Tmej

The rule in Foss v. Harbottle (1843), 67 E.R. 189 (U.K.H.L.) stipulates that a shareholder of a corporation does not have a personal cause of action for a wrong done to the corporation. The recent appeal by Bloorston Farms Ltd. of the ruling by the Superior Court of Justice in favour of Sang Thi Tran was dismissed by the Ontario Court of Appeal, which assessed the well-established rule in Foss v. Harbottle and its limitations and rationale.

Droit des affaires, Student Forum

Gifts of Private Company Preferred Shares to Registered Charities

  • 19 novembre 2020
  • Brittany Sud, Miller Thomson LLP

This article reviews how donating preferred shares to a registered charity may be a tax efficient option for transferring wealth, but charities should conduct due diligence prior to acceptance.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum
Emilia Coto, Founder and Lawyer, Sisu Legal

Women, Tech, and Law - Tips to Consider

  • 19 novembre 2020
  • Emilia Coto, Founder and Lawyer, Sisu Legal

Pandemic circumstances intensify inequalities related to gender, and other factors such as economic status, race, culture, language, and other intersecting elements of our identities. This article will discuss some technologies lawyers can consider adding to their practice to increase flexibility and efficiency in the practice of law, particularly at a time when the demands on our time appear to be greater than ever.

Forum des avocates, Student Forum

Lawyering and Regulating During a Global Pandemic

  • 18 novembre 2020
  • Michael Rusek, senior legal counsel, Ontario Motor Vehicle Industry Council (OMVIC)

Even though we have yet to emerge from the pandemic, we have already learned (or in some cases, relearned) a number of lessons of critical importance to any in-house legal team. Here are some thoughts by Michael Rusek, senior legal counsel at OMVIC, regarding 'lawyering' and regulating during a global pandemic.

Association canadienne des conseillers et conseillères juridiques d’entreprises (Section de l’Ontario), Student Forum

Thoughts on Building Diversity In Your Workplace

  • 18 novembre 2020
  • Adrian Ishak, senior corporate counsel (director), global labour and employment at Salesforce

These are certainly challenging times. A reckoning by many accounts. Lawyers are not immune to these turning tides. As in-house counsel, we have witnessed firsthand the impacts of the recent social upheavals, first as a result of the pandemic and then, over the summer, due to the growing call to address racial inequalities, first in the US and then across the globe.

Association canadienne des conseillers et conseillères juridiques d’entreprises (Section de l’Ontario), Student Forum
Property Rights of Common Law Partners Upon Death

Property Rights of Common Law Partners Upon Death

  • 17 novembre 2020
  • Angela Ogang, newsletter editor, OBA Young Lawyers Division (Central)

Social conventions in Canada have evolved to the point where more and more couples are choosing to live together as common law partners. Yet in Ontario, there is a huge distinction between common law partners and married couples in terms of property rights and entitlements upon death. This article looks at some important issues that common law partners should consider sooner rather than later.

Student Forum, Young Lawyers' Division
Harjot Atwal - legal counsel, claims at FCT

Construction Financing vs. Writs of Seizure and Sale: who trumps who?

  • 16 novembre 2020
  • Harjot Atwal - legal counsel, claims at FCT

In a construction context, certain percentages of mortgage funds are advanced in stages as the different stages of construction and development are completed. If a writ of seizure and sale is filed after the mortgage was registered and the mortgagee was given notice of the filing, are the mortgage advances that are made subsequent to the writ’s filing subject to such a writ’s priority? This article considers this question by discussing the case 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd.

Droit immobilier, Student Forum