Articles 2020

On the heels of Mark Zuckerberg announcing the rebranding of Facebook to “Meta”, along with his plans for creating a virtual reality metaverse, Nike garnered significant media attention when it was reported that it filed seven trademark applications for use on “virtual goods”. These filings include the notable Nike “swoosh” logo and the words “Nike”, “Just Do It”, “Jordan”, and “Air Jordan”.

The rapid development of artificial intelligence on intellectual property policy is an issue that more countries around their world are turning their focus towards. Canada is no exception. In 2021, the Government of Canada launched a Consultation on Modern Copyright Framework for Artificial Intelligence and the Internet of Things to assess whether Canada’s existing copyright framework is keeping pace with the rapid developments in artificial intelligence and the Internet of Things.

Questions we should be asking and considerations we need to keep in mind with respect to digital signing of documents for business lawyers.

In December 2021, British Columbia became the first province to allow electronic Wills. Although there are certainly some potential pitfalls of electronic Wills, there are also a great deal of benefits, including practical considerations. Time will tell how successful BC's foray into electronic Wills is, and whether other provinces may also develop their own legislation in that regard.

Members of the OBA's Trusts and Estates Law Section gathered in March for the monthly Brown Bag Lunch. As always, participants raised fascinating practice questions, including an animated discussion about the concept of making a gift to an executor in lieu of compensation. One participant also previewed that some additional proposed changes to the probate forms and Rules would be coming shortly.

Multiple Wills can be a helpful estate planning strategy, which can result in significant estate administration tax savings. However, prudent drafting is key, as an error can lead to confusion and delay, as well as increased costs to the estate. Fortunately, the result in Gordon v Gordon, 2022 ONSC 550 was a good one for the executors and the drafting lawyer, but the decision serves as a reminder that even a simple error could potentially have significant negative consequences.