Articles 2021

Recent case law: predatory marriages and the test for capacity in Ontario. Does the current threshold for capacity to marry encourage predatory marriages?

In the context of third-party political advertising restrictions, Melanie Zetusian provides an in-depth analysis of the ONSC decision in Working Families Ontario v. Ontario, where the Applicants challenged the constitutionality of the amendments made by the Ontario legislature via the Protecting Ontario Elections Act, 2021.

The ONCA’s affirmation of the Superior Court decision in Wakeling illustrates some of the basic components and considerations of the tort of intrusion upon seclusion.

The Ragoonanan rule has been a fixture of Ontario class action law for approximately 20 years, yet it remains controversial. Does the Supreme Court of Canada's decision in Marcotte mean that the Ragoonanan rule is no longer good law in Ontario? That is an issue that had been afforded judicial notice, but never addressed head-on until the recent decision of Justice Perell in Aphria.

This article provides an insightful analysis of diversity and inclusion within Canada's commercial real estate industry. It provides a breakdown of the number and percentages of women directors and executive officers within the real estate sector, outlines familiar obstacles women and visible minorities often face at the corporate level, and sets out some best practices sector leaders have undertaken to remove systemic barriers for women and minorities.

The case of Electro-Works Ltd. v. Fogler, Rubinoff LLP expands the scope of liability for breach of trust to include monies received through settlement funds and applied as payment for lawyers’ fees.

Anyone who has provided services or materials in the construction industry has likely run into the issue of non-payment of their invoices. But how do you determine when the limitation period begins to run for an unpaid invoice, and in turn, the deadline for when a lawsuit must be commenced? The recent case of 1838120 Ontario Inc. v. Township of East Zorra-Tavistock, 2021 ONSC 3341, is of assistance in answering these questions.

In the recent case Clearwater Structures v. 614128 Ontario Ltd. o/a Trisan Construction, 2021 ONSC 5601 (CanLII), the court suggests that in addition to obligations to segregate and hold funds for trust beneficiaries in the Act, there may also be circumstances where there is an implied obligation to pay those trust funds in a timely fashion.