Articles 2023

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.

This article summarizes Banman v. Ontario, 2023 ONSC 6187, where Justice Perell granted certification on the new preferability criteria in s. 5(1.1) of the Class Proceedings Act.

The article summarizes a discussion about Manitoba's FASD Justice Program that occurred during the October 20, 2023 Child and Youth Law and the Youth Criminal Justice Act Online Symposium organized by the Canadian Bar Association's Child and Youth Law Section.

Dylan Challinor, a third-year Practice Placement student, discusses his week-long experience in the public sector at the Office of the Ontario Ombudsman.

This article outlines strategies on minimizing the risks associated with abnormally low bids in municipal procurement.

Members of the Ontario Trusts and Estates bar met in November for the OBA’s monthly Brown Bag Lunch. Topics discussed included the handling of cheques made out to an estate where probate has not yet been obtained, the new CRA trust reporting requirements and indemnity agreements from a bank requiring an attorney seeking to act under a continuing power of attorney for property to indemnify the bank for any loss.