Articles 2023

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Today

Blaney's Appeals: Ontario Court of Appeal Summaries (November 19 - 23, 2018)

  • November 26, 2018
  • John Polyzogopoulos

Topics this week included the application of limitation periods to passing accounts in an estates matter, denial of a stay pending an appeal to the Supreme Court, the distinction between final and interlocutory orders, hearsay evidence and equitable set-off in the context of summary judgment for fraud, statutory interpretation of the Health Care Consent Act, and a proper pleading of claims for misfeasance in public office and malicious prosecution.

Civil Litigation, Student Forum

Saying “I Do” to a Prenup

  • November 26, 2018
  • Olivia Koneval, lawyer at Mann Lawyers

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.

Student Forum, Young Lawyers' Division

Tips for Conducting a Successful Examination for Discovery: A Young Lawyer’s Perspective

  • November 26, 2018
  • Arina Joanisse, lawyer at Stevenson Whelton MacDonald & Swan LLP

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. 

Student Forum, Young Lawyers' Division

The Straight Dope: A Reference Guide to Cannabis Laws in Ontario

  • November 26, 2018
  • Mark Asfar, lawyer with Momentum Law

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.

Student Forum, Young Lawyers' Division

Application to Delete Construction Lien – A Cautionary Tale

  • November 23, 2018
  • Brendan D. Bowles, partner, Glaholt LLP

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”.

Construction and Infrastructure Law, Student Forum