Articles 2023

On January 16, 2024, members of the Trusts and Estates Section kicked off the new year with another interesting Brown Bag Lunch meeting. They were provided with updates regarding the turnaround time for applications for a certificate of appointment, considered issues relating to trust planning, and discussed what happens when a residuary beneficiary disclaims their interest in an estate. The next two Brown Bag Lunch meetings will be held on March 19 and April 16, 2024.

Members of the Ontario Trusts and Estates bar showed up to the last Brown Bag Lunch of 2023 ready to discuss a variety of interesting topics and practice questions. Discussions centered around appointing a non-resident beneficiary as estate trustee without a Will, a complicated trust scenario and the decision of D’Onofrio v Riley (ONSC).

In 2023, the Ontario Superior Court of Justice in Rainbow Alliance Dryden et al. v Webster ruled that the word “groomer,” when used to attack the 2SLGBTQ+ and drag community, is a slur and not protected by Ontario’s anti-SLAPP laws. This article summarizes the decision and how the case accords with the recent decision of Hansman v Neufeld.

The International Day of Persons with Disabilities serves as a potent reminder of disability inclusion every year, but workplace inclusion for people with disabilities remains as bleak as ever. Lorin MacDonald provides ten tips for disability allies to advance the agenda of workplace inclusion and accessibility.

Samantha Peters interviews Nikisha Thapar, a third-year law student at Western University Faculty of Law, about the OHRC's decision to recognize Caste-Based Discrimination.

There are many elements to a successful mediation. In my view, each one must be approached thoughtfully. In this article, I have collected tips on these very elements from the Masters of Mediation — seasoned lawyers and mediators alike. Things like what makes for effective and compelling mediation memoranda, the do’s and don’ts of opening remarks, how to prepare your client for mediation, negotiation strategy, and everything in between.