Articles

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

Editor: Sairam Sanathkumar

Today
Today

Capacity to Marry: The Case of Tanti v Tanti et al

  • July 03, 2021
  • Jennifer Corak, Miller Thomson LLP

The "deceptively simple" question of whether a spouse had capacity to marry is one that lies at the intersection of family, estates and elder law. This case comment reconsiders the important decision of Tanti v. Tanti, on capacity to marry, in light of the reforms to the SLRA by the Accelerating Access to Justice Act. As the author explains, even after the SLRA amendments come into force on January 1, 2022, marriage has the potential to dramatically change the distribution of a spouse's estate.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – May 18, 2021

  • July 03, 2021
  • Rebecca Rauws and Tori Joseph, Hull & Hull LLP

Gain insight into issues facing your fellow estates & trusts practitioners through this summary of the May meeting of the BBL group. Topics included the applicability of land transfer tax to various forms of transfers from an estate to a beneficiary, the changes effected by the Accelerating Access to Justice Act, 2021, and how to deal with various unusual testator requests, including for the destruction of estate property.

Student Forum, Trusts and Estates Law

ELUC Meeting Minutes - March 24, 2021

  • July 03, 2021
  • Estates List Users Committee

At the March meeting of the Estates List Users Committee, stakeholders discussed wait times for court dates, various measures the court has implemented to reserve time for contested matters, and how the Bar can assist in reducing the scheduling backlog over the upcoming months. The Minutes also provide resources for counsel working with CaseLines, which is now being used for all contested matters on the Estates List.

Student Forum, Trusts and Estates Law

The Case Has Settled: Who Should Draft the Minutes of Settlement?

  • July 03, 2021
  • Bernard Morrow

When the parties have settled, it appears as though the case is over and everyone can go home. However, the terms contained in the minutes of settlement are crucial to understanding the parties' agreement and any obligations going forward. The need for counsel to draft minutes of settlement reflecting the parties' agreement remains as important as ever in these challenging times.

Alternative Dispute Resolution, Student Forum

Aquadis Case Comment: Extending the Reach of the Super Monitor

  • June 30, 2021
  • Alexander Overton, Western University Faculty of Law, recipient of the Michael MacNaughton Student Writing Award for Insolvency Law

The role played by the CCAA monitor in assisting the court as it shepherds along a corporate restructuring has evolved significantly over time. While still acting as the eyes of the court and standing apart from any particular stakeholder, recent developments in insolvency law have seen the monitor take on an increasingly active part in proceedings. The decision of the Québec Court of Appeal in Aquadis affirmed another such expansion of the monitor’s powers.

Insolvency Law, Student Forum

2019 CCAA Amendments and their Impact on First-Day Relief

  • June 30, 2021
  • Namrata Bhagia, Michael MacNaughton Student Writing Award finalist

The purpose of this article is to determine the practical implications of the CCAA amendments on timeline of initial stay order and first-day relief. In doing so, the initial orders in Clover Leaf Holdings Company, Re, Lydian International Limited (Re), and Laurentian University of Sudbury will be briefly analysed and compared.

Insolvency Law, Student Forum

The Separation of Statutes: The Effects of Bankruptcy on Spouses

  • June 30, 2021
  • Nadine Saba, Michael MacNaughton Student Writing Award finalist

In this paper, the author argues that legislative reform is necessary to ease the impact of the treatment of divorcing spouses as unsecured creditors in a bankruptcy. Nadine Saba first provides an overview of the bankruptcy and family legislation, with a discussion of the seminal case law. She then discusses the feminization of poverty, and concludes with suggestions for legislative changes.

Insolvency Law, Student Forum
There Is Much to Be Learned From Trans Rights

There Is Much to Be Learned From Trans Rights

  • June 29, 2021
  • Angela Ogang, Newsletter Editor, Young Lawyers Division (Central)

I recently had an amazing conversation with Nicki Ward, an advocate and activist who has been very active in the trans community for well over 20 years and who is well versed in the types of issues I wanted to explore as we wind down on Pride Month 2021. We talked about human rights, the Toronto Trans March, self-awareness, and how we can expand as human beings into a space that is ultimately better for our society as a whole. I hope you find this conversation just as refreshing as I did. 

Student Forum, Young Lawyers' Division

Covid-19 Vaccine Passports: A Joint Statement from Canada’s Privacy Commissioners

  • June 29, 2021
  • Amanda Branch and Prudence Etkin

On May 19th, 2021 Canada’s Federal, Provincial and Territorial Privacy Commissioners released a joint statement on the privacy implications of Covid-19 vaccine passports. Vaccine passports may offer substantial public benefits; however, in exchange for access to these benefits, individuals will be required to disclose personal health information. As a result, the Commissioners emphasize the importance of addressing privacy considerations from the outset.

Privacy Law, Student Forum
OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • June 29, 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Health Law, Privacy Law, Student Forum