Articles 2024

The 2022-2023 term has officially begun and Section Chair, Rachel Migicovsky and Vice-Chair, Moya Graham are pleased to extend a warm fall greeting to all members of the OBA Civil Litigation Section.

In this article, I discuss mediation in the (hopefully) post-pandemic world; what has changed, how will it look, and what should counsel do to be as effective as possible? While the goal – to get the best possible result for your client – has not changed, I encourage counsel to consider how some of the mechanics and tools available have evolved over time and ensure that they are fully taking advantage of them.

In a recent development, it is now possible to request to receive updated versions of the Estates Procedure Manual automatically. We encourage all estate practitioners to put themselves on this list, in order to ensure that they have the most up-to-date version of the Estates Procedure Manual.

Estate law and family law share a number of common features. The focus of many files in both areas of law is resolving the dispute and allowing clients to move on with their lives (and, where possible, preserving a relationship with the other parties to the dispute). With so much overlap, it may be helpful for estate and family lawyers, respectively, to share perspectives and experiences, and hear of alternative strategies for resolving family disputes.

When a testator dies without providing adequate support for any of his or her dependants, a dependant may bring an application for support under the Succession Law Reform Act. There is a limitation period for bringing such an application. As discussed by Kim Gale and Palak Mahajan, to avoid certain negative consequences, estate trustees would be well-advised not to distribute the estate assets until that time is up.

Members of the OBA Trusts and Estates Section met in September for the first Brown Bag Lunch of the 2022-2023 term after taking a break for July and August. Attendees eagerly jumped back into the discussion, raising questions about joint accounts, the Calmusky decision, and incorrect information received from the Ministry of Finance.

This article summarizes Le Feuvre v Enterprise Rent-A-Car Canada Company, 2022 ONSC 4136, in which the Ontario Superior Court of Justice dismissed the plaintiff’s motion for certification of a proposed employment misclassification class action due to a lack of a factual basis for a common claim. The court also commented on the need for a viable methodology for certifying an aggregate damages claim.

RESPs are a great tool to save money for a child’s post-secondary education. But who actually owns the funds in an RESP? The recent decision of Labatte v Labatte considered the matter of an RESP created by spouses who later divorced, and the question of when an RESP might be held in trust.

The last Brown Bag Lunch of 2021-2022 was held in June. OBA members gathered, as usual, to discuss interesting practice questions and to share their experiences. Topics discussed in June included issues relating to the storage of original Wills and what constitutes a first dealing.

This article summarizes N&C Transportation Ltd. v. Navistar International Corporation, 2022 BCCA 164, in which the British Columbia Court of Appeal set out the factors applicable when weighing the benefits of a multi‑jurisdictional class proceeding against competing extra-provincial actions, including where a proposed settlement has been reached.