Articles 2021

Two recent provincial developments aimed at addressing Ontario’s growing “housing crisis” may have a significant impact on land-use planning and development in Ontario in the coming years.

This article provides an updated summary of the current state of legislation across Canada relating to single use plastic and explores the changes and trends businesses can expect over the next few years. The article concludes that the existing, pending and future regulations are likely to continue to expand over time resulting in an increased need for innovation and production in the area of reusable, recyclable and biodegradable alternatives for businesses and consumers.

On February 9, 2022, the Court of Appeal for Ontario released its highly anticipated decision in Fresco v. CIBC in a long-running class action regarding the payment of overtime to class members. While Fresco is an important appellate decision, it also raises a number of important questions, including about the extent to which proposed common issues can be introduced (or re-introduced) when the merits of the already-certified common issues are being determined at a common issues trial.

Although the matter of the proper execution of a Will may seem simple, failure to duly execute a Will could have a major impact on whether a testator's wishes can be implemented after his or her death. In the recent Ontario Court of Appeal decision in Bayford v Boese, the Court considered the formal validity of a Will in interesting circumstances. This case comment by Jennifer Corak reviews the Court's appeal and costs decision.

As we enter 2022, some parties have had their trials adjourned multiple times due to the changing COVID-19 situation, and judges continue to be faced with the decision of how best to deliver just and fair adjudication of civil matters. One year after Poitras was decided we are taking a look back at this important decision and some of the motions that have been decided since.

Going forward, there will be a new province-wide bench and bar committee to allow communication and consultation regarding estates matters throughout Ontario. Angelique Moss shares a brief overview of the new committee's purposes and objectives.

At the final session of the OBA series dealing with Will challenges, attendees had the privilege of hearing directly from three Superior Court judges, who shared their insight on effective trial advocacy. The judges also provided helpful practice tips on related matters, including length and contents of affidavits, and strategies for dealing with difficult opposing counsel. Charlotte Hobson shares her experience attending the program.

In January, OBA Trusts and Estates Law Section members gathered for the first Brown Bag Lunch of 2022. Discussion topics included recent updates and lively debates about whether and when to provide a copy of a Will to a disinherited individual, and an estate trustee's obligation to defend a dependant's support claim.