Articles

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

Editor: Yoann Emian

Today
Today

Business Restructuring During COVID-19: Estate Freezes

  • June 10, 2020
  • Nancy E. Claridge and Luis R. Chacin, Carters Professional Corporation

The COVID-19 pandemic has affected businesses tremendously. Many are feeling the effects of a significant drop in the market values of almost all asset classes, including real property and private equity. However, as this article explains, these lower asset values may provide a timely opportunity for companies to make fundamental changes to the corporate structure of their business through estate freezes.

Business Law, Student Forum

Elder Law and Financial Abuse

  • June 10, 2020
  • Harold Geller, MBC Law

A look at the special relationship between financial advisor and senior client and what remedies are available to seniors when things go wrong.

Elder Law, Student Forum

CEWS Formula Penalizes Related Parties Following CRA Guidance

  • June 08, 2020
  • Bhuvana Rai, Borden Ladner Gervais LLP

Under new Canada Emergency Wage Subsidy (“CEWS”) legislation, non-arm’s length parties which transact with each other using arm’s length terms – as often required by the Canada Revenue Agency (“CRA”) – are penalized unfairly. This is the result of a definition in the formula which erroneously refers to the “current reference period” when it should refer to the period immediately prior to the “current reference period."

Student Forum, Taxation Law
Q&A with Peter Engelmann, OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law Recipient

Q&A with Peter Engelmann, OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law Recipient

  • June 08, 2020

Peter Engelmann, Partner, Goldblatt Partners, is being honoured this year with the OBA Award for Excellence in Constitutional, Civil Liberties and Human Rights Law for his outstanding leadership and contributions to the field. Find out what motivates him and how he is making a difference in his area of practice in this candid Q&A.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
Q&A with Jack Bernstein, OBA Award for Excellence in Taxation Law Recipient

Q&A with Jack Bernstein, OBA Award for Excellence in Taxation Law Recipient

  • June 08, 2020

Jack Bernstein, Senior Tax Partner, Chair International Tax Practice, Aird & Berlis LLP, is being honoured this year with the OBA Award for Excellence in Taxation Law for his outstanding leadership and contributions to the field of taxation law. Gain a glimpse of what inspires him and how he is making a difference in his area of practice in this candid Q&A.

Student Forum, Taxation Law

What’s New in Pension and Benefits – June 2020

  • June 05, 2020
  • Simon Laxon and Michael Long, Willis Towers Watson

This quarterly update focuses on further Ontario legislative developments on new FSRA guidance and communications resulting from the COVID-19 Pandemic. Federal developments are also covered, and several new case law updates are provided.

Pensions and Benefits Law, Student Forum

Zoom in a Professional Context

  • June 05, 2020
  • Vania Draguieva

In this new reality, videoconferencing has suddenly become top of everyone's mind. However, the practical and legal implications for lawyers can be complex. Fortunately, there is some guidance. 

Public Sector Lawyers, Student Forum

Nation Rise Wind Farm: Ontario Court Quashes the Minister’s Decision to Revoke a Key Approval

  • June 05, 2020
  • Joanna Rosengarten, Reena Goyal and Will Horne

On May 13, 2020, the Ontario Divisional Court quashed the Minister of the Environment, Conservation and Parks’ 2019 decision to revoke the REA issued for the Nation Rise Wind Farm. The Court found the Minister’s decision to be unreasonable because it improperly raised new issues, applied an incorrect legal test, and reached conclusions not supported by evidence. The Court also applied Vavilov’s framework and found the Minister’s process in reaching his decision to be unfair.

Environmental Law, Student Forum

When the World is Frozen, Freeze Your Business?

  • June 05, 2020
  • Caroline Elias and Jennifer Katz

This article provides a high level overview on the advantages of implementing an estate freeze when the value of businesses has declined due to the novel Coronavirus.

Student Forum, Taxation Law