Articles 2024

Aujourdʼhui
Aujourdʼhui

Medical Assistance in Dying (MAID) Laws in Canada

  • 02 mai 2023
  • Andrea Tratnik, partner, Trusts and Estates Group, Beard Winter LLP; Christina Kim, associate, Trusts and Estates Group, Beard Winter LLP

MAID is a complex topic and the laws surrounding it require a delicate balance of competing considerations – from preserving a person’s dignity to protecting those who are vulnerable. MAID laws have been subject to considerable review and development since their introduction, and it is expected that they will continue to evolve as the concept develops. Andrea Tratnik and Christina Kim review the history and current status of MAID laws in Canada.

Student Forum, Droit des fiducies et des successions

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - January 16, 2023

  • 02 mai 2023
  • Ontario Estates Bench-Bar Liaison Committee

In January 2023, the Ontario Estates Bench-Bar Liaison Committee met to discuss various matters, including scheduling issues, issues that can arise in applications for an ancillary grant or resealing, timing for filing confirmation forms, and the requirement for filing compendiums.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – April 18, 2023

  • 02 mai 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

On April 18, members of the OBA Trusts and Estates Law Section met to discuss practice tips and share their experiences. As usual, participants had a lively discussion on topics such as joint accounts, and the new trust reporting requirements for bare trusts.

Student Forum, Droit des fiducies et des successions
photo of co-author Tahir Khorasanee

The Ethical Screen: A How to Guide

  • 02 mai 2023
  • Tahir Khorasanee (associate) and Rachel McKenzie (student-at-law)

The Ethical Screen: A How-to Guide provides readers with a current and concise overview of the regulations and expectations associated with an Ethical Screen. Reference to Ontario v. Chartis Insurance Company of Canada exemplifies how to avoid the consequences of an inadequate Ethical Screen.

Droit du travail et de l’emploi, Student Forum
photo of author Laura Epplett

Termination for Excessive Innocent Absenteeism Upheld

  • 02 mai 2023
  • Laura Epplett

An arbitrator upheld the termination of a unionized employee under the employer’s attendance support program for excessive absenteeism where there was no prospect of reasonable attendance.

Droit du travail et de l’emploi, Student Forum

Brown Bag Lunch – March 21, 2023

  • 01 mai 2023
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

OBA members met in March for the monthly Brown Bag Lunch session. Topics discussed included the current turnaround time for probate applications, and the recent Grattan v Grattan decision in which the court relied on the new substantial compliance provision of the Succession Law Reform Act.

Student Forum, Droit des fiducies et des successions

Court of Appeal Summaries (March 27, 2023 – March 31, 2023)

  • 30 avril 2023
  • John Polyzogopoulos and Ines Ferreira

Following are this week’s summaries of the civil decisions of Court of Appeal for Ontario for the week of March 27 to 31, 2023. There were only two substantive decisions. One was a commercial leasing matter, and the other was a receivership matter.

Litige civil, Student Forum

Statistical and Circumstantial Evidence in Medical Malpractice Class Action Proceedings: Levac v James, 2023 ONCA 73

  • 28 avril 2023
  • Lucy G. Jackson

This article summarizes an important medical negligence class proceeding decision that addresses the use of circumstantial evidence to support findings of negligence and discusses common, class-wide findings of breach of the standard of care and causation. The Court of Appeal approved of the lower court’s reliance on statistical evidence with respect to rates of infection and agreed that there was a causal link between the class members’ infections and the Defendant’s subpar IPAC practices.

Droit relatif à la santé, Student Forum