Articles 2023

A profile to get to know the OBA Insurance Law Executive. This focus is on Marcus Knapp, Counsel at Ricketts Harris LLP.

While most court attendances are still proceeding via Zoom, there has been a gradual resumption of in-person hearings for certain matters. The OBA Trusts and Estates Law Section Technology Liaisons have prepared a guide to attending court in person, which covers such topics as Wi-Fi access, hybrid Zoom/in-person hearings, available technology, and suggested practices for counsel.

On December 7, 2023, the Office of the Privacy Commissioner of Canada released an article with nine principles intended to guide developers, providers and organizations to properly navigate the development and use of generative artificial intelligence. Privacy concerns arise where the AI is trained on data sets that include personal information.

First Nations with reserves administered under the Indian Act and band members who hold possessory interests within those reserves should be aware of the potential application and impact of adverse possession on reserve land.

The authors explore the rising issue of elder financial abuse in Ontario, affecting 4-10% of seniors. The article identifies ten signs of financial exploitation, stresses the role of lawyers in prevention, and discusses legal recourses such as criminal charges and protective services. Emphasizing the urgency of addressing this problem, the authors advocate for a multi-faceted approach, including updated legal documents and awareness initiatives to protect seniors' financial well-being.

Insurance can be a useful tool for someone preparing their estate plan. In this article, Jay Hershfield and Holly LeValliant discuss the unique advantages insurance has for business owners. They discuss how a business owner may use insurance to provide for the smooth transfer of their business, to equalize their estate, and to maximize the value of their estate.

This article summarizes the Alberta Court of Appeal's decision in Setoguchi v. Uber BV, focusing on the Court's consideration of the relevance of compensable harm beyond nominal damages.

This article summarizes recent decisions considering what is required to establish causation for misrepresentation claims made pursuant to the Competition Act.

This article summarizes the decision in Badesha v. Cronos Group, Inc., 2023 ONSC 5678, which considered when a court will take jurisdiction over claims of certain class member purchasers of securities on a foreign exchange.

This article summarizes Sunderland v. Toronto Regional Real Estate Board, 2023 FC 1293, in which the Federal Court allowed the action to proceed against the brokers and associations on the narrower claim that they arranged to control certain aspects of the commission structure in potential contravention of s. 45 of the Competition Act.