Articles

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

Editor: Victoria Shariati

Today
Today

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - June 6, 2022

  • December 22, 2022
  • Ontario Estates Bench-Bar Liaison Committee

During the Ontario Estates Bench-Bar Liaison Committee's June meeting, the committee discussed several matters of importance to the Estates Bar. Topics addressed included estate model orders, updates to the practice direction, and other ongoing discussion points.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – November 15, 2022

  • December 22, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

In November, members of the Trusts and Estates Law Section gathered for the monthly Brown Bag Lunch. As always, attendees shared recent developments, and raised interesting practice questions. Topics discussed included a change to the practice direction for the Toronto Estates List, undertakings pursuant to s. 4(3) of the Estate Administration Tax Act, and how to deal with estate trustee compensation where there is tension with the beneficiaries.

Student Forum, Trusts and Estates Law

Brown Bag Lunch - October 18, 2022

  • December 22, 2022
  • Jennifer A.N. Corak and Jennifer Katz, Minden Gross LLP

At the October Brown Bag Lunch meeting, OBA Trusts and Estates Law Section members discussed a variety of interesting topics, including the Law Society of Ontario’s recent decision to terminate the Certified Specialist Program, holograph Wills, partial intestacies, and situations where most or all assets pass outside of the estate leaving insufficient assets to satisfy debts.

Student Forum, Trusts and Estates Law

Navigating the Uncharted Territory of Individual Issues Trials

  • December 21, 2022
  • Suzanne Chiodo, assistant professor, Osgoode Hall Law School,

There are two stages to a class proceeding: the common issues stage, and the individual issues stage. While the jurisprudence on the common issues stage (including certification and common issues trials) is well-developed, settlement usually occurs before the individual issues stage is reached. For judges, counsel, and litigants, therefore, this last phase of a class proceeding presents uncharted territory.

Class Actions, Student Forum

Case Summary: Nissan Canada Inc. v Mueller

  • December 21, 2022
  • Katherine Shapiro

This article summarizes Nissan Canada Inc. v Mueller, 2022 BCCA 338, in which the British Columbia Court of Appeal rejected the two-step approach to "some basis in fact" for common issues.

Class Actions, Student Forum
cover of OBA Civil Litigation Section Insider - December 2022

OBA Civil Litigation Section Insider: December 2022

  • December 19, 2022
  • Adil Abdulla

This newsletter includes interviews with three retired judges: Justices Frank Newbould and Sandra Chapnik of the Ontario Superior Court of Justice, and Justice Sandra Simpson of the Federal Court. It also includes an article on lessons learned from Justice Karen Weiler of the Court of Appeal for Ontario.

Civil Litigation, Student Forum
photo of Justice Newbould

Interview with Justice Newbould

  • December 19, 2022
  • Interview conducted by Adil Abdulla and Ranjan Das

An interview with The Hon. Frank J.C. Newbould, Q.C., former judge of the Ontario Superior Court of Justice.

Civil Litigation, Student Forum
photo of Justice Chapnik

Interview with Justice Chapnik

  • December 19, 2022

An interview with The Honourable Sandra Chapnik, C.M., O.Ont., former Ontario Superior Court judge.

Civil Litigation, Student Forum
Photo of Justice Simpson

Interview with Justice Simpson

  • December 19, 2022

An interview with The Honourable Sandra J. Simpson, recently retired from the Federal Court of Canada.

Civil Litigation, Student Forum