Articles

As the Canadian population ages and the real estate market continues to adapt to provide a diverse set of retirement living options, there are certain considerations that Ontario real estate lawyers should be aware of, and in particular, the Retirement Homes Act (Ontario).

Telecom, internet service providers and digital businesses take note: CRTC's new guidance expands liability under Canada’s Anti-Spam Legislation for a number of digital product or service provider intermediaries.

PBGF changes, Member Disclosure, FSCO Guidance on Excess Contributions, Benefit Improvements, and the Meaning of a “Closed Plan”, JSPP Amendments, Proposed FSRA Budget and Priorities and Follow-up on FRSA Consultation on Fees and Assessments, CAPSA Guidelines Released.

Topics covered this week included the limitation period for enforcing foreign judgments (the later of the two years from the expiry of the appeal period from the foreign judgment and when the plaintiff knew or ought to have known that there were assets in Ontario against which the plaintiff could enforce its judgment), and striking pleadings as an abuse of process (attempt to re-litigate).

Half-Term Report from Pia Hundal, chair of the Trusts and Estates Law Section Executive, on recent work by the executive including Make a Will Month, response to Re Milne Estate, submissions to the Attorney General regarding proposed legislation on Electronic Beneficiary Designations, Brown Bag Lunches and a breadth of continuing professional development programs.

In 2018, the Canadian Anti-Fraud Centre cited romance scams as the top reported scams based on total dollar loss. Elderly persons are particularly susceptible to these types of scams. Unfortunately, the late Robert Hogg fell victim to a romance scam, which was not discovered until after his death.

This is an address by Justice Daley regarding the current state of the Brampton Court facilities, including examples of existing challenges and conditions, and how these may affect the Bench and Bar, and in turn how this is impacting the public.

This is an article, just in time for Valentine's Day, about Offers to Settle and issues that may arise; in particular when counsel signs the Offer on behalf of a client. This is a valuable piece on proper process and form of the Offer, as well as a reminder to make an Offer and make it early if possible!

This article discusses striking pleadings based on non-disclosure, focusing on the 2018 case Mullin v. Sherlock. This decision, at the time of writing, was infrequently cited on CanLii and Westlaw, which surprised the author, who found that the case provided a general framework for this type of motion, including the court’s direction that a motions judge should be specific on what is being struck, and it provides useful precedents.

This is an article about capacity issues and how the practice of family law may be impacted, including the capacity to marry (and reconcile), the capacity to make legal decisions and instruct counsel, and how the issue of capacity may be manipulated by parties seeking to use it as a sword or shield.