Articles

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

Editor: Yoann Emian

Today
Today
Gillian Fournie, partner, de VRIES LITIGATION LLP

Tenancy and Equitable Ownership – Not Mutually Exclusive

  • October 08, 2019
  • Gillian Fournie, partner, de VRIES LITIGATION LLP

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.

Real Property Law, Student Forum, Trusts and Estates Law
Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

Mutual Wills: How They Are Created and When a Constructive Trust Will be Imposed

  • October 07, 2019
  • Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

A review and analysis of the current law regarding mutual wills, including how they differ from mirror wills, their legal requirements, and how the intended beneficiaries can seek enforcement of their terms. This article also examines the recent case of Nelson v. Trottier where the court examined when a constructive trust will arise to protect the beneficiaries' interests.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – September 17, 2019

  • October 04, 2019
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP,

Highlights from the September 17, 2019 Brown Bag Lunch, including discussions of multiple wills, best practices when a parent wishes to disinherit a child, assessing capacity via Skype, and many other issues relevant to an estates and trust practice.

Student Forum, Trusts and Estates Law

What’s New in Pension and Benefits – October 2019

  • October 04, 2019
  • Simon Laxon and Michael Long, Willis Towers Watson

Updates on the Financial Services Regulatory Authority, Ontario government draft regulations on electronic communications, Income Tax Act changes, CRA publications, and recent decisions from Ontario, including the Nortel decision from the Financial Services Tribunal.

Pensions and Benefits Law, Student Forum

Blaney's Appeals: Court of Appeal Summaries (September 23-27)

  • October 02, 2019
  • John Polyzogopoulos

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Topics covered this week include family law, insurance coverage, enforcing settlements, adding parties after a limitation period expires, and obtaining dispensation from some of the requirements of perfecting an appeal.

Civil Litigation, Student Forum

Case Comment: Jordan’s Principle and First Nations Children

  • September 30, 2019
  • Marvin M. Bernstein, B.A., J.D., LL.M.(ADR)

In a landmark decision (First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (Representing the Minister of Indigenous and Norther Affairs Canada et al.), 2019 CHRT 39, released on September 6, 2019, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 for every First Nations child unnecessarily removed from family members on reserve and in the Yukon on or after January 1st, 2006.

Child and Youth Law, Student Forum

Seven Takeaways from the OBA Summit on Gender Equality

  • September 26, 2019
  • Ivan Merrow, lawyer at Glaholt LLP and Madeleine Tyber, compliance counsel at LAWPRO (Lawyers Professional Indemnity Company)

On September 10, 2019, two members of the OBA's Young Lawyers' Division Executive attended the Momentum Summit on gender equality and equity. The event was a capstone on the OBA’s 2018-2019 initiatives to advance gender equality in the legal profession. In case you missed it, this article has 7 takeaways from the summit's sessions.

Student Forum, Young Lawyers' Division

Blaney's Appeals: Ontario Court of Appeal Summaries (September 16-20)

  • September 26, 2019
  • John Polyzogopoulos

The headline decision this week is Toronto (City) v Ontario (Attorney General). Everyone will recall that the Better Local Government Act, 2018 reduced the number of Toronto wards in the middle of the election campaign. The City challenged the constitutionality of the change. On the appeal, four of the five members of the panel noted that the section 2(b) protection of expression does not extend to the effectiveness of the expression and was thus not unconstitutional

Civil Litigation, Student Forum

Lawyering and Parenting: A Balancing Act?

  • September 26, 2019
  • Susana May Yon Lee, international trade lawyer at Cassidy Levy Kent (Canada) LLP,

I always knew that I wanted a family and a rewarding career, both of which are extremely important to me. Somehow, I am lucky and extremely privileged to have it work out so far. I should not be naïve as I know that I’m only a few miles into a life-long marathon in this balancing act, but for those who might be at the start line, here are a few of the (somewhat) expected and unexpected challenges to parenting and lawyering that I have encountered so far.

Student Forum, Young Lawyers' Division

Young Lawyers and Mental Health: Burn Bright without Burning Out

  • September 26, 2019
  • Marlee Olson, staff lawyer at Blake, Cassels & Graydon LLP

It’s no surprise that young lawyers tend to be workaholics who don’t take care of themselves. After all, we are still fresh out of the all-nighter mode of law school and the crazy hours of articling. Plus, there’s the ever-present pressure to prove yourself as a recent call. But wouldn’t you rather get that dream job AND be mentally healthy?

Student Forum, Young Lawyers' Division