Articles 2024

There is a proliferation of news reports of people with disabilities considering medical assistance in dying (MAiD). As a human rights lawyer, a disability advocate, and a woman born with a disability, I find these trends troubling. I believe MAiD is the outcome of Hobson’s choice, which refers to the illusion that multiple options are available. In a “take it or leave it” scenario, “leaving it” is no longer tenable for many Canadians with disabilities, given today’s climate.

The Supreme Court must repudiate the Doctrine of Discovery and reconsider its jurisprudence in light of Canada's implementation of UNDRIP.

Since the release of the TRC report in 2015, momentum has been building toward Indigenous justice and reconciliation. But stronger and deeper commitments and actions are necessary.

The article discusses the Ontario Court of Appeal decision in Flores v Glegg (2022 ONCA 825).

In Rovi Guides, Inc. v. Bell Canada, 2022 FC 1388, Justice Lafrenière adjudicated a trial involving the infringement and invalidity of four patents relating to interactive television programming guides—the kind of technological features that many of us rely on to enhance our television viewing. However, this decision may have dramatic effects on the prosecution of patents before the patent office.

In the case of Jonas v Jonas, the Ontario Court of Appeal considered the proper interpretation of a Will’s residue clause. Jennifer Corak reviews the decision, including the trial judge’s application of the “armchair rule” in light of the ambiguity of the clause in question.

The Trusts and Estates Law Section’s Public Affairs Liaisons, Krystyne Rusek and Angelique Moss, provide an informative update on current and upcoming legislative changes and public affairs issues.