Articles 2023

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Court of Appeal Summaries (February 24 – 28, 2020)

  • March 04, 2020
  • John Poloyzogopoulos

Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.

Civil Litigation, Student Forum

A Recap of "Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute

  • March 04, 2020
  • Carina Lentsch

On February 4, 2020, the OBA Health Law Section collaborated with the Constitutional, Civil Liberties and Human Rights Law Section in hosting “Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute. This article recaps some of the highlights of the event.

Constitutional, Civil Liberties and Human Rights Law, Health Law, Student Forum

How to Rock a Networking Coffee

  • March 04, 2020
  • Krista Kais-Prial, lawyer at Israel Foulon LLP

Coffee chats are standard fare for job seekers, networkers, and those looking to give back, After spending a few years on both sides of the coffee chat table, this author has five tips for those looking to rock their next one.

Student Forum, Young Lawyers' Division

Rejection, a Stepping Stone

  • March 04, 2020
  • Rand Salih

The path to become a lawyer and practice law can be difficult. Both current and aspiring lawyers can expect to experience rejection, but it does not define who we are. Rejection can be re-purposed as a stepping-stone for growth.

Student Forum, Young Lawyers' Division

Updates to the Canada Elections Act: Impact on Non-Profits and Charities

  • March 03, 2020
  • Susan M. Manwaring and Gwenyth Stadig, Miller Thomson LLP

Recent amendments to the Canada Elections Act (the “Elections Act”) came into force and effect on June 13, 2019. This article summarizes these significant changes and how they impact non-profit organizations and registered charities.

Charity and Not-For-Profit Law, Student Forum

Copyright No Plaything: Celebrity Tattoos in Video Games

  • March 03, 2020
  • Tara Parker

Since copyright laws generally grant the owners of artistic works the sole right to control the use and reproduction of their works in all media (subject to some limited exceptions), any unauthorized use or reproduction of a celebrity’s tattoo in an e-sports game (e.g., NBA 2K20), movie (e.g., The Hangover), or other media may result in a copyright infringement claim — not to mention a trademark, publicity or personality rights claim, depending on the circumstances.

Entertainment, Media and Communications Law, Student Forum

Brown Bag Lunch – January 14, 2020

  • March 03, 2020
  • Rebecca Rauws, associate, and Tony Ma, articling student, Hull & Hull LLP,

A summary of the topics discussed at the January meeting of the OBA's Brown Bag Lunch program, or "BBL." Discussion covered planning-related topics such as ODSP limits, lifetime benefit trusts, and the prudent investor rule, as well as litigation issues such as bank policies around multiple attorneys acting under a joint POA, and the court's process when a Notice of Objection to a Certificate of Appointment of Estate Trustee has been filed.

Student Forum, Trusts and Estates Law
Kira Domratchev

Is an RESP a Trust? .... And So What If It Is?

  • March 03, 2020
  • Kira Domratchev, Hull & Hull LLP

Is an RESP a trust? The answer, this author discovers, depends on the context, and maybe the province. This article aims to cut through the confusion by going back to first principles, applying them to the unique ownership features of an RESP, and then considering how the case law compares.

Student Forum, Trusts and Estates Law
Cara Zacks

Party Time? Naming Parties in a Dependant Support Application

  • March 03, 2020
  • Cara Zacks, Casey & Moss LLP

In law, sometimes the simplest questions are the most difficult to answer. This article explores why the fairly basic question of "who should I name as a party?" could yield contradictory answers in the context of a dependant's support application. In the face of a potential contradiction between the Succession Law Reform Act and the Rules of Civil Procedure, this article suggests some best practices for avoiding a last-minute adjournment of your client's application. 

Student Forum, Trusts and Estates Law

Brown Bag Lunch – December 17, 2019

  • March 03, 2020
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP

A summary of December's Brown Bag lunch meeting of estates and trusts practitioners. Topics discussed included NoticeConnect’s Will registry and who can submit Wills to the registry, whether a drafting lawyer can still be sued in negligence if the impugned Will has been probated, probate for digital assets, and the fate of basket clauses.

Student Forum, Trusts and Estates Law