Articles 2023

Today
Today

Welcome from the Chair and Vice-Chair 2019/20

  • October 09, 2019
  • Megan Keenberg, chair, and Mitchell Rose, vice-chair

As the 2019/20 Chair and Vice-Chair of the OBA's Alternative Dispute Resolution Section ('ADR Section'), Megan Keenberg and Mitchell Rose welcome all members of the ADR Section and provide an overview of upcoming activities and events in their welcome letter.

Alternative Dispute Resolution, Student Forum

OBA Program: Blockchain & Artificial Intelligence Meet Privacy Law

  • October 09, 2019
  • Amanda Branch

A summary of the "Blockchain & Artificial Intelligence Meet Privacy Law: An Interactive Conversation on Strategizing for Clients" program that was jointly hosted by the Information Technology and Intellectual Property Law Section and the Privacy and Access to Information Law Section in September 2019.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law

OBA Tax Section Successfully Petitions for Certified Specialist Program in Tax

  • October 09, 2019
  • John Bassindale

After several years of advocacy on the part of the OBA, the Law Society of Ontario has introduced a Certified Specialist Program for Taxation Law. Read more about the announcement of this prestigious new Certified Specialist Program, the four potential routes to certification for tax lawyers, and where to find more information on becoming a Certified Specialist in Taxation Law.

Student Forum, Taxation Law

2019 Proposed Amendments to Employee Stock Option Tax Rules

  • October 08, 2019
  • Rachel Gold

This article summarizes the proposed changes to the employee stock option rules, introduced in Budget 2019. It will outline the current legislative scheme in the Income Tax Act (the “Act”), discuss the proposed changes including an example to demonstrate the application of the proposals, and recap the CBA/CPA Canada Joint Committee on Taxation’s related submissions.

Student Forum, Taxation Law

Late-Filed Bump Designation Made Outside the Normal Reassessment Period

  • October 08, 2019
  • Seth Lim and Charlie Roy, PwC Law LLP

In a recent view of the CRA (2019-0806761I7), the CRA considered whether a late-filed “bump” designation pursuant to paragraph 88(1)(d) of the Income Tax Act (Canada) on a vertical amalgamation could be made outside the normal reassessment period in relation to a transfer pricing adjustment that was made during the six- or seven-year extended reassessment period. The CRA’s comments provide welcome guidance.

Student Forum, Taxation Law
Gillian Fournie, partner, de VRIES LITIGATION LLP

Tenancy and Equitable Ownership – Not Mutually Exclusive

  • October 08, 2019
  • Gillian Fournie, partner, de VRIES LITIGATION LLP

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.

Real Property Law, Student Forum, Trusts and Estates Law
Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

Mutual Wills: How They Are Created and When a Constructive Trust Will be Imposed

  • October 07, 2019
  • Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

A review and analysis of the current law regarding mutual wills, including how they differ from mirror wills, their legal requirements, and how the intended beneficiaries can seek enforcement of their terms. This article also examines the recent case of Nelson v. Trottier where the court examined when a constructive trust will arise to protect the beneficiaries' interests.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – September 17, 2019

  • October 04, 2019
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP,

Highlights from the September 17, 2019 Brown Bag Lunch, including discussions of multiple wills, best practices when a parent wishes to disinherit a child, assessing capacity via Skype, and many other issues relevant to an estates and trust practice.

Student Forum, Trusts and Estates Law

What’s New in Pension and Benefits – October 2019

  • October 04, 2019
  • Simon Laxon and Michael Long, Willis Towers Watson

Updates on the Financial Services Regulatory Authority, Ontario government draft regulations on electronic communications, Income Tax Act changes, CRA publications, and recent decisions from Ontario, including the Nortel decision from the Financial Services Tribunal.

Pensions and Benefits Law, Student Forum