OBA.org - Articles 2023

June 10, 2022
Neha Chugh

Criminal defence lawyer Neha Chugh reflects on working from home during COVID-19, separating work and home life, and returning to court.

Head-shot photo of author Justyna Waxman

Admission of New Evidence on Appeal: The SCC’s decision in Barendregt v. Grebliunas

June 10, 2022
Justyna Waxman, family lawyer at Torkin Manes LLP

What is the test for admitting “new” evidence on appeal? Justyna Waxman explains the SCC’s recent decision and how the Palmer criteria apply, regardless of whether the evidence relates to facts that occurred before or after trial.

Does Mediation Satisfy the OHSA Duty to Investigate Workplace Harassment?

June 10, 2022
Ruth Wellen & Jesse Elders, Kastner Lam LLP

This article considers whether alternative dispute resolution, such as mediation, meets the statutory requirement to conduct an investigation into allegations of workplace harassment under the Ontario Occupational Health and Safety Act. We conclude that alternative dispute resolution does not satisfy an employer’s duty to investigate, but we encourage employers to consider using mediation and other restorative techniques as part of their overall response to a complaint of workplace harassment.

www.ccelderlaw.ca: the New Practical Guide to Elder Abuse and Neglect Law in Canada

June 10, 2022
Krista James, Lawyer and National Director of the Canadian Centre for Elder Law

This national resource focuses on Elder Abuse & Neglect Law - this tool is invaluable for its ease and comprehensive overview of the law and resources in each province & territory, including two best-practice modules.

Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation

June 10, 2022
Holly LeValliant, Senior Trust Office, Scotiatrust Toronto

A strategy for how elder parents can manage joint bank accounts from the perspective of a professional executor.

Income Splitting Trusts - CRAs Prescribed Interest Rate Expected to Increase July 1, 2022.

June 10, 2022
Paul Taylor, Taylor Estates Law

Not all income splitting is allowed in Canada, but one tax planning strategy to consider involves a prescribed rate loan as explained here.

Case Study: The original will is not available

June 10, 2022
Susannah B. Roth, O’Sullivan Estate Lawyers LLP, sroth@osullivanlaw.com

Sometimes an executor has to administer an estate asset when the original Will is not available. Here's a tip.

Canadian Copyright Law: Does Digitally Restoring Public Domain Films Revive Copyright?

June 10, 2022
Erin Moskal

This article explores how, if at all, digitizing and/or restoring a film is treated under copyright law in Canada. More specifically, if the film in the public domain and copyright has expired, is the digital restoration of the film result in a copyright in the digitally restored version?

Made-in-Canada Incentives to Convert Innovation to IP Rights

June 10, 2022
Noel Courage, partner, Bereskin & Parr LLP,

In acknowledgement of International IP Day on April 26, this article will address some examples of focused government initiatives that are being taken in Canada to help financially support IP protection. This is not a comprehensive survey, just highlighting some bright spots that lawyers should be aware of for their clients.

Court of Appeal Summaries (May 30, 2022 - June 3, 2022)

June 06, 2022
John Polyzogopoulos

Following are this week's summaries of the Court of Appeal for Ontario for the week of May 30, 2022.

Tracking Preferences

Articles 2023