Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today
To Sue or Not to Sue for Defamation: Interlocutory Injunctions in Internet Defamation Actions

To Sue or Not to Sue for Defamation: Interlocutory Injunctions in Internet Defamation Actions

  • June 30, 2022
  • David Potts

You will quickly find that many people who contact you about internet defamation simply want the statements removed and/or stopped. Their fury and sense of impotence is palpable, but you must be disciplined and avoid transforming a problem into a disaster. In this article, the last in the series “To Sue or Not to Sue for Libel,” cyber libel expert David Potts considers defamation injunctions through various angles.

Student Forum, Young Lawyers' Division

Summary of WSIAT Stakeholder Event of May 25, 2022

  • June 30, 2022
  • Teresa Gianfelice, Office of the Worker Advisor

Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on May 25, 2022.

Student Forum, Workers' Compensation

OBA Trusts and Estates Section EDI Subcommittee Finishes its First Year

  • June 30, 2022
  • Nicole Woodward, Miller Thomson LLP

This past term, the OBA Trusts and Estates Section created its first Equity, Diversity and Inclusion Subcommittee. The Subcommittee first worked on identifying and developing its vision and mission, and then went on to propose a number of strategies to further that vision and mission. The EDI Subcommittee looks forward to the next steps in advancing equity, diversity and inclusion initiatives at the OBA.

Student Forum, Trusts and Estates Law

Special Planning Required for Special Needs Beneficiaries

  • June 30, 2022
  • Tori Joseph, Tupman & Bloom LLP

Estate planning can be particularly difficult for parents of special needs children. Such children may need to be treated differently in the estate planning context, perhaps by receiving an unequal distribution from the parents’ estates to ensure they are provided for sufficiently. This raises an important question: will an unequal distribution for this purpose lead to a Will challenge by other family members?

Student Forum, Trusts and Estates Law

Brown Bag Lunch – May 17, 2022

  • June 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The Brown Bag Lunch is a great forum to raise interesting and challenging practice questions among Trusts and Estates colleagues. In May, OBA members met for another monthly Brown Bag Lunch. Topics discussed included a recent decision about pour-over Wills, practical issues in obtaining an ancillary grant of probate, and more.

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - April 4 and 6, 2022

  • June 30, 2022
  • Ontario Estates Bench-Bar Liaison Committee

In April, the Ontario Estates Bench-Bar Liaison Committee held two meetings: the regularly scheduled meeting, and a special meeting at which Justice Dietrich made an announcement regarding the Toronto Estates and Commercial Lists. During the regular quarterly meeting, the committee discussed, among other things, the adoption or adaptation of the Toronto estates practice direction in other regions, and whether consent orders are permitted to be sought at 9:30 scheduling appointments.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – April 19, 2022

  • June 30, 2022
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The April Brown Bag Lunch was as interesting as ever. Attendees shared their experiences and gave input on a number of topics raised, including how to draft clauses for executor’s compensation and other practical matters.

Student Forum, Trusts and Estates Law

Time for Change: Ontario’s Intestacy Rules

  • June 30, 2022
  • Marly Peikes, O'Sullivan Estate Lawyers LLP

When someone dies without a Will in Ontario, there are several issues that can come up vis-à-vis the deceased person’s spouse. One is the spouse’s preferential share, which was recently increased to $350,000, and another is whether the spouse will even be entitled to share in the distribution of the deceased person’s estate on an intestacy. Is Ontario behind the times in dealing with spouses in its intestacy rules?

Student Forum, Trusts and Estates Law