Articles 2024

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The Return of Roncarelli: The Tesla Decision and the Rule of Law

  • October 29, 2018
  • By Rachel Weiner, staff lawyer, IAVGO Community Legal Clinic

Within his first few months in office, Ontario’s new Premier, Doug Ford, has prompted a carefully worded but vehement defence of the rule of law in Tesla v Ontario (Ministry of Transportation), 2018 ONSC 5062. Justice Myers reviewed the discretionary exclusion of Tesla from the transitional program for car subsidies, determining it was unrelated to any statutory purpose and did not afford any procedural fairness. Justice Myers quashed the decision and remitted it back to the Minister.

Administrative Law, Student Forum

Brown Bag Lunch – October 16, 2018

  • October 29, 2018
  • Noah Weisberg and Chris Cieslik, Hull & Hull LLP

Highlights from the October 16, 2018 Brown Bag Lunch including a discussion about the effect of the Re Milne decision for estate solicitors, the rule of convenience in Rivard v. Morris, conflict of laws surrounding marriage and wills, cross-border payments to beneficiaries and digital asset clauses in Wills.

Student Forum, Trusts and Estates Law

Diminished Ability to Communicate? Or, Diminished Decisional Capacity?

  • October 25, 2018
  • Kimberly A. Whaley, Whaley Estate Litigation Partners

Mills v Radons, 2018 SKQB 237 (CanLII), a recent case from Saskatchewan, looks at whether a husband had the requisite decisional capacity to instruct his counsel in divorce proceedings and whether his intention was to seek a divorce and spousal support.

Elder Law, Student Forum

Why You Should Avoid Acting for Family and Friends

  • October 24, 2018
  • Ian Hu, counsel, claims prevention & practicePRO (LawPRO)

An eye-opening example followed by a round-up of reasons not to act for family and friends. The one about malpractice insurance is especially jarring.

Law Practice Management, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (October 15 – 19, 2018)

  • October 22, 2018
  • John Polyzogopoulos

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. All the decisions this week were procedural in nature. One of those was yet another decision in Fontaine v Canada, the Residential School Settlement case, with more appellate decisions apparently to come in that matter.

Civil Litigation, Student Forum

Misnomers and Misdescriptions: The "Litigation Finger Test" to the Rescue!

  • October 22, 2018
  • Marie-Andrée Vermette, WeirFoulds LLP,

Plaintiffs' counsel be aware: the litigation finger test can assist in cases of misdescription or misnomer of a party, allowing the plaintiff to correct their mistake and "add" the intended person as a party even after the expiration of the limitation period.

Civil Litigation, Student Forum