Articles

Aujourdʼhui
Aujourdʼhui

Access to Justice Challenges: COVID-19 and Support Obligations (Part 2 of 2)

  • 09 juillet 2020
  • Vanessa Lam

Part 2 of Vanessa Lam's two-part series delves into how the courts have actually been dealing with applications to change support during the pandemic. Vanessa’s work includes information on how the government has acted during this time of uncertainty where reduced incomes in one household may be relied upon by another household to provide support at the same or similar pre-pandemic levels.

Droit de la famille, Student Forum

A Huge Problem Without a Clear Answer: COVID-19 and Support Obligations (Part 1 of 2)

  • 09 juillet 2020
  • Vanessa Lam

While we know that COVID-19 has had an impact on family law cases, Vanessa Lam’s two part series gives an in-depth analysis of how support obligations may have been affected by the pandemic. Part 1 offers a refresher on some of the principles underlying support, including the test a litigant must meet if s/he seeks to change a support obligation.

Droit de la famille, Student Forum

Children and Youth Privacy Rights Enhanced under Part X of the CYFSA- Panel Summary

  • 09 juillet 2020
  • Kimberley Ishmael and Sakshi Chadha

Co-chair Kimberley Ishmael summarizes the highlights of a program discussing the new rights and obligations stemming from Part X of the Child, Youth and Family Services Act. The program, which was held by webcast on June 25, 2020, was jointly hosted by the OBA's Privacy and Access to Information Law Section and Child and Youth Law Section.

Droit de la protection de la vie privée, Student Forum

Victory for Midwives as Divisional Court Dismisses Ontario’s Judicial Review Application

  • 08 juillet 2020
  • Saba Ahmad

Ontario’s midwives have won another round of litigation, in a pay equity saga stretching back almost a decade. Late last month, the Divisional Court rejected the province’s Judicial Review application of two decisions of the Human Rights Tribunal (“Tribunal”). This article summarizes the Divisional Court's decision.

Droit administratif, Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Program Recap: New Privacy Obligations under the Child, Youth and Family Services Act

  • 07 juillet 2020
  • Bridget McInnis, JD (Certificate in Aboriginal Legal Studies), MSW

On June 25, the OBA convened a webinar panel of legal practitioners in the field of child and youth law to discuss the impact that Part X of the Child, Youth, and Family Services Act will have on service providers, and the challenges that are likely to arise throughout its implementation across the province.

Droit des enfants et des jeunes, Student Forum

Brown Bag Lunch – June 16, 2020

  • 07 juillet 2020
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP

The last Brown Bag Lunch of the term saw participants revisiting last month's discussion of the and comparing approaches to drafting Wills where the testator holds a RIF, speculating about increased probate and capital gains taxes in the future, and expressing frustration at probate application delays resulting from the court closure. Join in on the discussions in September, when the BBL reconvenes for a new term.

Student Forum, Droit des fiducies et des successions

Administration Bonds, Part 2 of 2: Obtaining an Administration Bond

  • 07 juillet 2020
  • Daniel Litsos, student-at-law, Macdonald Sager Manis LLP

On those occasions where a bond is prima facie required, and the estate trustee cannot obtain an order dispensing with the requirement, how does one proceed? What exactly is a bond, how is it obtained, what does it cost, and how long must it be maintained? This article answers those basic questions and more, giving estates practitioners the necessary information to guide clients through the process.

Student Forum, Droit des fiducies et des successions

New Trust Reporting Rules and Ongoing Trust Compliance

  • 07 juillet 2020
  • Nicole Woodward, partner, Miller Thomson LLP

As of 2021, trust reporting requirements will increase for non-resident trusts and certain Canadian-resident trusts. Find out how to meet the requirements and set up trusts for success in this new reporting regime of heightened disclosure, accountability and transparency obligations.

Student Forum, Droit des fiducies et des successions

Update from the Estates List Users Committee

  • 07 juillet 2020
  • OBA Trusts & Estates Section, Estates List Users Subcommittee

This summary of the latest Estates List Users Committee (“ELUC”) meeting provides guidance on various proceedings during the court closure, including the preferred practice for submitting probate applications to the Toronto court, how to deal with unopposed passing of accounts, and the court's position on virtually commissioned affidavits.

Student Forum, Droit des fiducies et des successions