Articles 2024

Aujourdʼhui
Aujourdʼhui
Property Rights of Common Law Partners Upon Death

Property Rights of Common Law Partners Upon Death

  • 17 novembre 2020
  • Angela Ogang, newsletter editor, OBA Young Lawyers Division (Central)

Social conventions in Canada have evolved to the point where more and more couples are choosing to live together as common law partners. Yet in Ontario, there is a huge distinction between common law partners and married couples in terms of property rights and entitlements upon death. This article looks at some important issues that common law partners should consider sooner rather than later.

Student Forum, Young Lawyers' Division
Harjot Atwal - legal counsel, claims at FCT

Construction Financing vs. Writs of Seizure and Sale: who trumps who?

  • 16 novembre 2020
  • Harjot Atwal - legal counsel, claims at FCT

In a construction context, certain percentages of mortgage funds are advanced in stages as the different stages of construction and development are completed. If a writ of seizure and sale is filed after the mortgage was registered and the mortgagee was given notice of the filing, are the mortgage advances that are made subsequent to the writ’s filing subject to such a writ’s priority? This article considers this question by discussing the case 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd.

Droit immobilier, Student Forum

Top Ten Issues to Include in a Virtual Arbitration Protocol

  • 13 novembre 2020
  • Megan Keenberg

In a "New Normal" in the wake of COVID-19 and social distancing requirements, arbitration proceedings have adapted to meet a distanced, technologically plugged-in process. In this article, lawyer, arbitrator and mediator Megan Keenberg breaks down ten key points that are essential to a virtual arbitration protocol.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
Canada Proposes Criminalization of Conversion Therapy for LGBTQ2S Persons

Canada Proposes Criminalization of Conversion Therapy for LGBTQ2S Persons

  • 13 novembre 2020
  • Rebecca Hines

Conversion therapy is a blight on Canadian society, causing arguably irreparable harm to the LGBTQ2S community. According to the Canadian Department of Justice, lower income, Indigenous, and transgender people are disproportionately represented amongst those who have been exposed to conversion therapy. The recent Bill C-6 attempts to bring criminal law reform in line with LGBTQ2S rights to ban the harmful practice across the country.

Orientation et identité sexuelles, Student Forum

Court of Appeal Summaries (November 2 – November 6, 2020)

  • 13 novembre 2020
  • John Polyzogopoulos

There were quite a few substantive decisions of the Court of Appeal released this week. Topics covered this week included another round of litigation in the Indian Residential School Settlement, vexatious litigants, the setting aside of an order granting summary judgement in the context of a shareholder’s agreement involving a right of first refusal, limitation periods, family law.

Litige civil, Student Forum

Virtual Litigation in Construction Law: Are you Ready? Best Practices Roundup

  • 11 novembre 2020
  • Karen Groulx and Dragana Bukejlovic, Dentons Canada LLP

Perhaps one silver lining to the COVID-19 Pandemic has been the accelerated implementation of technologically based tools by both the construction industry and the courts to overcome the hurdles arising from the need to maintain “physical distancing’.

Droit de la construction et infrastructure, Student Forum

Articling During COVID-19 – A Municipal Perspective

  • 10 novembre 2020
  • Eric Cheng, articling student - Legal Services, The Regional Municipality of Peel

What is articling like at a municipality right now? Read on to find out, and to hear tips for other articling students also working remotely.

Droit municipal, Student Forum