Articles

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

Editor: Yoann Emian

Today
Today

The Snooping Spouse Problem: Insights from Moran v. Moran

  • April 09, 2024
  • Katherine Allen, articling student at Burrison Hudani Doris LLP

What are the potential consequences of a party surreptitiously obtaining their spouse’s private communications with a goal of using them against the spouse in family law proceedings? The recent case of Moran v. Moran, 2023 ONSC 6832 discusses an interesting remedy to a situation that often arises in family law disputes.

Family Law, Student Forum

Access to Justice for Incarcerated Parents: Bridging the Gap

  • April 09, 2024
  • Emily O'Keefe, McLeod Green Dewar LLP & Associates

An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.

Criminal Justice, Family Law, Student Forum
head-shot photo of author Shelly Kalra

Best Practices: How to Prepare for Court and What to Expect

  • April 09, 2024
  • Shelly Kalra, Kalra Family Law

Standing in front of a judge and not knowing what to do is daunting. Trust me – we have all been there. This article will provide best practices on how to effectively prepare for court and what to expect when you get there. With a little bit of time, patience, and preparation, you can ensure that your court appearances are helpful and leave your client raving about how great a lawyer you are. Are you ready for this journey? Let’s go.

Family Law, Student Forum

The Intersection of Family Law and Real Estate Law

  • April 09, 2024
  • Yvonna Conte, YBC Law

The topic of real estate often intersects with family law and as not all family law lawyers practice real estate (or have a friend to call that does), this article strives to summarize some key points that may be notable: spousal consent, matrimonial home designations, and joint tenancy as it relates to death.

Family Law, Student Forum

SCC: Limited Statutory Rights of Appeal Do Not Preclude Judicial Review for Unaddressed Questions

  • April 05, 2024
  • Michael A. Valdez, Stieber Berlach LLP

The recent decision of Yatar v. TD Insurance Meloche Monnex brings a much-needed addition to the caselaw pertaining to the proper approach for judicial review of administrative decisions. While a court does have discretion to hear an application for judicial review and decide issues on the merits, including whether to deny relief, this discretion does not extend to declining consideration of the application for judicial review altogether.

Insurance Law, Student Forum

Glencore: Break Fee Received was “Inducement” Income under Paragraph 12(1)(x)

  • April 05, 2024
  • Julia Zhuo

In Glencore Canada Corporation v. The Queen (2024 FCA 3), the Federal Court of Appeal (“FCA”) dismissed the taxpayer’s appeal on whether fees related to a failed bid were received on income or capital account. The FCA held that the fees were included in income as an inducement payment pursuant to paragraph 12(1)(x).

Student Forum, Taxation Law

First TCC Loss-Trading Case Applying Deans Knight

  • April 03, 2024
  • Sameer Nurmohamed and Ravish Gupta

In Madison Pacific Properties Inc. v The King, the Tax Court of Canada found that the GAAR applied to deny the appellant’s deduction of net capital losses, citing the Supreme Court of Canada’s decision in Deans Knight for the first time in a loss-trading case. Two companies had acted in concert to fundamentally transform the appellant and use non-voting shares to access its losses without acquiring de jure control of the appellant contrary to the object, spirit, and purpose of subsection 111(4).

Student Forum, Taxation Law

Addressing and Analyzing the CRA’s Guidance Regarding the Tax Consequences of Crypto-Asset Transactions that Occur on Decentralized Finance (DeFi) Lending Protocols

  • April 02, 2024
  • Jonathan Buckle and Marco Iampieri

This article explores the uncertain income tax consequences facing Canadian taxpayers involved in the lending and borrowing of crypto assets on Decentralized Finance (DeFi) lending protocols. CRA's guidance is urged to be upholstered and increased to mitigate against the risk that taxpayers will incorrectly report and file crypto-asset transactions.

Student Forum, Taxation Law