Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Yoann Emian

Today
Today

You’re Going to Court In Person?!! An update on courtroom technology from your Section Technology Liaisons

  • January 04, 2024
  • Krystyne Rusek and Mitchell Rattner, Section Technology Liaisons, with assistance from Matthew Bradley (Speigel Nichols Fox, LLP)

While most court attendances are still proceeding via Zoom, there has been a gradual resumption of in-person hearings for certain matters. The OBA Trusts and Estates Law Section Technology Liaisons have prepared a guide to attending court in person, which covers such topics as Wi-Fi access, hybrid Zoom/in-person hearings, available technology, and suggested practices for counsel.

Student Forum, Trusts and Estates Law

Office of the Privacy Commissioner Releases Nine Principles for Generative AI

  • January 04, 2024
  • Roland Hung, Torkin Manes LLP

On December 7, 2023, the Office of the Privacy Commissioner of Canada released an article with nine principles intended to guide developers, providers and organizations to properly navigate the development and use of generative artificial intelligence. Privacy concerns arise where the AI is trained on data sets that include personal information.

Privacy Law, Student Forum

Adverse Possession and Reserve Land

  • January 03, 2024
  • William Taggart, Beth Armstrong, Kate Piggott-Babony, Fogler Rubinoff

First Nations with reserves administered under the Indian Act and band members who hold possessory interests within those reserves should be aware of the potential application and impact of adverse possession on reserve land.

Aboriginal Law, Student Forum

Protecting our Seniors: The Alarming Rise of Elder Financial Abuse and legal recourse available

  • January 03, 2024
  • Kimberly Gale and Palak Mahajan, Gale Law Professional Corporation

The authors explore the rising issue of elder financial abuse in Ontario, affecting 4-10% of seniors. The article identifies ten signs of financial exploitation, stresses the role of lawyers in prevention, and discusses legal recourses such as criminal charges and protective services. Emphasizing the urgency of addressing this problem, the authors advocate for a multi-faceted approach, including updated legal documents and awareness initiatives to protect seniors' financial well-being.

Elder Law, Student Forum

Insurance for Business Owners

  • January 03, 2024
  • Holly LeValliant and Jay Hershfield, Scotia Wealth Management

Insurance can be a useful tool for someone preparing their estate plan. In this article, Jay Hershfield and Holly LeValliant discuss the unique advantages insurance has for business owners. They discuss how a business owner may use insurance to provide for the smooth transfer of their business, to equalize their estate, and to maximize the value of their estate.

Business Law, Student Forum, Trusts and Estates Law

The Evolution of the Misrepresentation Claim

  • January 03, 2024
  • Annie Legate-Wolf

This article summarizes recent decisions considering what is required to establish causation for misrepresentation claims made pursuant to the Competition Act.

Class Actions, Student Forum

Cronos and the Future of the Global Shareholder Class Action

  • January 03, 2024
  • Garth Myers

This article summarizes the decision in Badesha v. Cronos Group, Inc., 2023 ONSC 5678, which considered when a court will take jurisdiction over claims of certain class member purchasers of securities on a foreign exchange.

Business Law, Class Actions, Student Forum