Articles 2024

Today
Today

OBA Tax Section Successfully Petitions for Certified Specialist Program in Tax

  • October 09, 2019
  • John Bassindale

After several years of advocacy on the part of the OBA, the Law Society of Ontario has introduced a Certified Specialist Program for Taxation Law. Read more about the announcement of this prestigious new Certified Specialist Program, the four potential routes to certification for tax lawyers, and where to find more information on becoming a Certified Specialist in Taxation Law.

Student Forum, Taxation Law

2019 Proposed Amendments to Employee Stock Option Tax Rules

  • October 08, 2019
  • Rachel Gold

This article summarizes the proposed changes to the employee stock option rules, introduced in Budget 2019. It will outline the current legislative scheme in the Income Tax Act (the “Act”), discuss the proposed changes including an example to demonstrate the application of the proposals, and recap the CBA/CPA Canada Joint Committee on Taxation’s related submissions.

Student Forum, Taxation Law

Late-Filed Bump Designation Made Outside the Normal Reassessment Period

  • October 08, 2019
  • Seth Lim and Charlie Roy, PwC Law LLP

In a recent view of the CRA (2019-0806761I7), the CRA considered whether a late-filed “bump” designation pursuant to paragraph 88(1)(d) of the Income Tax Act (Canada) on a vertical amalgamation could be made outside the normal reassessment period in relation to a transfer pricing adjustment that was made during the six- or seven-year extended reassessment period. The CRA’s comments provide welcome guidance.

Student Forum, Taxation Law
Gillian Fournie, partner, de VRIES LITIGATION LLP

Tenancy and Equitable Ownership – Not Mutually Exclusive

  • October 08, 2019
  • Gillian Fournie, partner, de VRIES LITIGATION LLP

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.

Real Property Law, Student Forum, Trusts and Estates Law
Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

Mutual Wills: How They Are Created and When a Constructive Trust Will be Imposed

  • October 07, 2019
  • Marly Peikes, associate lawyer, O’Sullivan Estate Lawyers LLP

A review and analysis of the current law regarding mutual wills, including how they differ from mirror wills, their legal requirements, and how the intended beneficiaries can seek enforcement of their terms. This article also examines the recent case of Nelson v. Trottier where the court examined when a constructive trust will arise to protect the beneficiaries' interests.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – September 17, 2019

  • October 04, 2019
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP,

Highlights from the September 17, 2019 Brown Bag Lunch, including discussions of multiple wills, best practices when a parent wishes to disinherit a child, assessing capacity via Skype, and many other issues relevant to an estates and trust practice.

Student Forum, Trusts and Estates Law

What’s New in Pension and Benefits – October 2019

  • October 04, 2019
  • Simon Laxon and Michael Long, Willis Towers Watson

Updates on the Financial Services Regulatory Authority, Ontario government draft regulations on electronic communications, Income Tax Act changes, CRA publications, and recent decisions from Ontario, including the Nortel decision from the Financial Services Tribunal.

Pensions and Benefits Law, Student Forum

Blaney's Appeals: Court of Appeal Summaries (September 23-27)

  • October 02, 2019
  • John Polyzogopoulos

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. Topics covered this week include family law, insurance coverage, enforcing settlements, adding parties after a limitation period expires, and obtaining dispensation from some of the requirements of perfecting an appeal.

Civil Litigation, Student Forum

Case Comment: Jordan’s Principle and First Nations Children

  • September 30, 2019
  • Marvin M. Bernstein, B.A., J.D., LL.M.(ADR)

In a landmark decision (First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (Representing the Minister of Indigenous and Norther Affairs Canada et al.), 2019 CHRT 39, released on September 6, 2019, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 for every First Nations child unnecessarily removed from family members on reserve and in the Yukon on or after January 1st, 2006.

Child and Youth Law, Student Forum

Seven Takeaways from the OBA Summit on Gender Equality

  • September 26, 2019
  • Ivan Merrow, lawyer at Glaholt LLP and Madeleine Tyber, compliance counsel at LAWPRO (Lawyers Professional Indemnity Company)

On September 10, 2019, two members of the OBA's Young Lawyers' Division Executive attended the Momentum Summit on gender equality and equity. The event was a capstone on the OBA’s 2018-2019 initiatives to advance gender equality in the legal profession. In case you missed it, this article has 7 takeaways from the summit's sessions.

Student Forum, Young Lawyers' Division