Articles 2023

You and your partner are moving in together, or you have just set a wedding date. These are both happy events and are likely filling you with a lot of excitement, planning, and optimism. So why spoil the moment with talk of a prenuptial agreement? Prenups, or “domestic contracts” as they are called in Canada, are a difficult topic to bring up with your partner, especially if you are not sure if they will be on board with the idea.

Examinations for discovery are a true on-the-job skill. Law school does not teach you how to conduct one, and watching experts examine during your articles will only take you so far when you find yourself on your own, face to face with an evasive witness and a combative opposing counsel. This article is by no means an exhaustive manual on examinations for discovery, but only a series of tips from the perspective of a junior (but not so junior) lawyer. 

Canadians now live in a brave new world of legalized possession and consumption of cannabis. Individuals and businesses are going to their lawyers for advice on what is and is not permitted under the new rules, and lawyers have been left to scramble through mountains of dense legislation and a provincial patchwork to find answers for their clients. If you are one of those lawyers looking for answers, or just trying to stay up to date on the general changes, then this article is for you.

A recent incident which came to light with a faulty registration in Teraview of an Order vacating a construction lien demonstrates that changes made in 2016 to the electronic registration regime are still subject to a “learning curve”.

Change is coming to the regulation of builders and vendors of new homes in Ontario.

Bill C-86 proposes amendments to the Copyright Act to facilitate streamlined hearings and timely decision-making. The authors highlight key aspects of the proposed reform in this timely article.

This article reviews the test on motions for security for costs in the context of trust and estate litigation.

In Eagleridge International Ltd. v. Newfoundland and Labrador, following a change of government, the new provincial Minister of Environment and Conservation withdrew approval for the construction of a gravel road intended to facilitate mineral exploration on lands and ordered that the project be subject to a full environmental assessment (EA). Eagleridge was entitled to proceed in accordance with the release from the full EA granted by the Minister before the change in government.

The introduction of a new hashtag for discussing section news and activities on social media.