Articles

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

Editor: Yoann Emian

Today
Today

Case Comment: Miceli v. TD General Insurance Company, 2024

  • June 03, 2024
  • Domenic Nicassio, Beneva Lawyers

Where claimants are injured by hot liquids or coffee while inside an automobile, an application for accident benefits was subject to a preliminary motion to determine if an “accident” occurred pursuant to s.3(1) of the SABS.

Insurance Law, Student Forum

What's New in Pension and Benefits - Summer 2024

  • June 03, 2024
  • Michelle Rival and Evan Shapiro, WTW and Leslie Steeves, Mercer

Recent updates in Ontario and federal pension legislation, regulatory policy and caselaw.

Pensions and Benefits Law, Student Forum

The First Home Savings Account – A Key to Savings for First-Time Home Buyers

  • May 28, 2024
  • Jennifer Corak, Michael Ding and Sanaya Mistry, WeirFoulds LLP

With the increase in housing prices, the announcement of the First Home Savings Account (“FHSA”) in 2023 was welcome news for many Canadians. In this article, Jennifer Corak, Michael Ding and Sanaya Mistry discuss some key questions related to the FHSA, including at a high level what it is, how it can be used and what happens if an individual dies holding an FHSA.

Student Forum, Trusts and Estates Law

Brief Update on Technology in Estates Litigation – Calendly and CaseLines

  • May 27, 2024
  • Krystyne Rusek, OBA Trusts and Estates Law Section co-Technology Liaison (2023-2024)

In this article, Krystyne Rusek, the OBA Trusts and Estates Law Section co-Technology Liaison for the 2023-2024 term, provides an update on technology in estates litigation. Specifically, she discusses the use of Calendly and CaseLines.

Student Forum, Trusts and Estates Law
head-shot photo of author Steven Benmor

High Conflict Divorce: Tips from the Trenches

  • May 27, 2024
  • Steven Benmor, principal lawyer at Benmor Family Law Group

In the field of family law, clients' emotions run high and that is often a driving force in their selection of legal counsel. Steve Benmor provides some tips that he has successfully employed in his practice to navigate hostile divorce litigation.

Family Law, Student Forum

Rights Unrecognized: Mia’s Story

  • May 27, 2024
  • Laura Pettigrew

The article discusses the Ontario Ombudsman's investigative report entitled "Rights Unrecognized: Mia's Story."

Child and Youth Law, Student Forum

Limitations to CRA Audit Powers in Canada (National Revenue) v. Chad: Taxpayer “Reasonable Efforts” and the Minister’s Applications for Compliance Orders

  • May 27, 2024
  • Milosz Zak and Gaya Berkaine

The decision in Canada v. Chad, saw Mr. Chad meet the “reasonable efforts” threshold when unsuccessfully obtaining information of non-residents. Consequently, the Court refused to grant a compliance order sought by the Minister. The decision is a study of the Income Tax Act compliance order process and a reminder of the limits of the CRA’s audit powers where taxpayers are unable to obtain the documents requested from others outside of Canada.

Student Forum, Taxation Law

Brown Bag Lunch – April 16, 2024

  • May 16, 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The April Brown Bag Lunch was held on April 16th and, as usual, members of the OBA Trusts and Estates Section gathered to discuss various issues that have come up in their practices recently (such as moral claims under section 5 of the Escheats Act, 2015 and timing for resignation and passing of accounts). The next Brown Bag Lunches will be held on May 21 and June 18, 2024. These will be the final two meetings for the 2023-2024 OBA term. Meetings will then resume in September.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – March 19, 2024

  • May 16, 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

A number of interesting discussions were had at the March 2024 Brown Bag Lunch. One topic of discussion was about the situation where there was no affidavit of execution and a deceased witness. Another discussion was about the situation where a witness to a codicil was a beneficiary of the Will, but not as a result of the codicil. If you would like to join the meetings please contact the moderator, Rebecca Kennedy, for Zoom details.

Student Forum, Trusts and Estates Law