Articles 2021

Two recent BC Court of Appeal decisions revive support for Canadian data breach class actions after the viability of such proceedings was recently stifled by a trio of decisions by the Ontario Court of Appeal.

It is expected that prior to any elective treatment, a physician owes a duty to the patient to provide adequate disclosure of risks. This duty has been expanded over the years to include all advising doctors, even if they are not involved in the treatment directly. It has also been expanded to include “disclosing the nature of the proposed treatment and any material, special, or unusual risks of the treatment." The Ontario Court of Appeal recently applied these duties of care.

It is a trite law of human nature that honesty is the best policy. And it is trite law, as in the actual law, that this is especially true for parties entering insurance agreements. In Davies v. AIG Insurance Company of Canada, 2024 ONCA 509, the Ontario Court of Appeal reversed a decision regarding an insurance coverage determination.

As we approach the conclusion of the 2023-2024 OBA Citizenship and Immigration Law Section cycle, your Section Executive is delighted to provide you with updates on our accomplishments and ongoing initiatives. Your active participation and dedication have been instrumental in advancing our collective goals, and we are committed to building on this momentum in the year ahead.

The OBA Trusts and Estates Law Section’s Public Affairs and Policy Committee had a busy 2023/2024 term, having an ambitious list of projects on their docket. In this article, Angelique Moss and Demetre Vasilounis (co-Chairs of the committee) highlight some of these projects.

The Ontario Bar Association’s annual Evening with Estate Judges event, put on by the OBA’s Trusts and Estates Law section, took place on June 10, 2024. In this article, Sydney Osmar offers some key take aways and discusses The Estate List Amicus Pilot Project.

In this article, Diane Vieira discusses the case of Bradshaw v Hougassian. This is a decision of the Ontario Court of Appeal which clarifies the legal requirements for finding a purchase money resulting trust.

As the Canadian population continues to age, elder financial abuse remains a growing concern. Financial elder abuse cases may seem clear cut, but they can present numerous challenges that make the road to resolution difficult for litigators. This article summarizes the key challenges that present themselves when lawyers take on elder financial abuse cases and highlights the strategies that they can employ to combat these challenges, even before the case begins.