Articles 2023

Although we are only halfway through 2023, there have been plenty of interesting trusts and estates decisions that have been released so far this year. In this article, Garrett Horrocks reviews several of the top cases from the first half of 2023.

As part of a series of Q&As, in this article Sanaya Mistry interviews Lucy Main and Lori Isaj of WeirFoulds LLP about their experiences in their estate planning practices.

Although the advent of virtual hearings has brought with it many advantages, it has also led to some confusion given differences in the presumptive mode of appearance in different courts. The OBA has created a helpful chart to assist in determining the mode of hearing.

The final Brown Bag Lunch of the OBA’s 2022-2023 term was held on June 20. As always, attendees came ready to share their wisdom and practice tips with others, including on the topics of estate planning for the family cottage, filing procedures for applications to prove a lost Will, and options to avoid probate.

In Doucet v. Royal Winnipeg Ballet, 2022 ONSC 976, reversed 2023 ONSC 2323, Justice Perell concluded that representative plaintiffs should never be granted honoraria. This article comes to the same conclusion, arguing that there is no basis on law for granting honoraria.

Following are this week's summaries of the Court of Appeal for Ontario for the week of June 19, 2023.

In May, members of the OBA’s Trusts and Estates section met for the monthly Brown Bag Lunch. Topics discussed included advertising for creditors, tips for dealing with TFSAs, and beneficiary designations.

In a matter of months, generative AI has been adopted ravenously by the public, thanks to programs like ChatGPT. The increasing use (or proposed use) of generative AI by organizations has presented a unique challenge for regulators and governments across the globe. This article summarizes some of the key legislation or proposed legislation around the world that tries to strike the balance between fostering innovation while mitigating risks associated with the technology.

This article summarizes the law on whether counsel can contact former executives, an issue raised by the decision of the Superior Court of Québec in Holcman c Lightspeed Commerce Inc, 2023 QCCS 1681.

This article summarizes Davies v. Clarington (Municipality), 2023 ONCA 376, in which the Court of Appeal for Ontario refused to order litigation funders to pay a costs award against the plaintiff.