Articles 2021

In the decision of Intercounty Tennis Association v. Human Rights Tribunal of Ontario, 2020 ONSC 1632, the Divisional Court held that applying the revised rules of judicial review established by the Supreme Court of Canada in Canada v. Vavilov, 2019 SCC 65 meant that patent unreasonableness in the Ontario Human Rights Code was akin to reasonableness, and dismissed an application for judicial review concluding that the Human Rights Tribunal of Ontario’s finding of discrimination was reasonable.

Those who draft complex trust instruments need to keep in mind various clauses that can modify a trustee’s duty, offering protection where liability would otherwise attach. This blog discusses a recent Hong Kong case and its upholding of an anti-Bartlett clause, used to to exclude a trustee's duty to supervise or intervene in the management of a company in which the trust holds shares.

A summary of some useful practice tips covered at the OBA Program Kissing Cousins Reunited: Focus On Family Law Issues In Estates Planning, including how to manage joint retainers - and when to avoid them - for spouses with blended families.

In the face of Covid-19, the OBA’s Brown Bag Lunches have continued via Zoom, and become an even more important forum for practitioners. At the March BBL meeting, members grappled with new challenges of court closures and practicing in the era of social distancing, plus more enduring issues such as the relationship between capacity to consent to MAID and testamentary capacity, and an attorney for property or personal care’s ability to make substitute decisions about reproductive material.

In Lawen Estate, the Nova Scotia Supreme Court held that testamentary autonomy is protected by s. 7 of the Charter, and the provisions of the Testators’ Family Maintenance Act which allow a judge to grant dependant's support to independent adult children were not saved by s. 1. This article considers what the court's ruling might mean for dependant's support legislation across Canada, as well as what effect it might have on the court's approach to public policy limits of testamentary freedom.

While social distancing remains in effect, everyday elements of our legal practice have become the most complicated. This article summarizes the guidelines available for virtual commissioning of affidavits and sets out a step-by-step process for putting virtual commissioning into practice, including the pros and cons of different methods, some stumbling blocks, and how to mitigate the associated risks.

This article is essential reading for those with matters before the Toronto Estates Court. The Estates List Users’ Committee (“ELUC”) is comprised of members of the Toronto Estates Court and various stakeholders, including representatives of the OBA Estates & Trusts executive, who meet regularly to discuss issues affecting the court. This article summarizes the direction given by the court at recent meetings regarding practice during the suspension of normal court operations.

Earth Day 2020: five tips to green your business travel.

Though the move to video conferencing may be essential to practicing law in the time of COVID-19, careful consideration should be paid to ensuring that ethical, professional, privacy and cybersecurity obligations have been met to protect clients.

Covid-19 can have permanent positive impacts on the Canadian justice system, increasing the use of technology and improving access to justice.