Articles

Aujourdʼhui
Aujourdʼhui

Policy, Not Law: The Divisional Court Discusses the Clergy Principle

  • 03 juillet 2021
  • Denise Baker and Lia Boritz

On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation, which discusses the Clergy principle, as well as the jurisdiction of the Divisional Court to review decisions of the Local Planning Appeal Tribunal (“LPAT”).

Droit municipal, Student Forum

Court of Appeal Summaries (June 21 - 25)

  • 03 juillet 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 21, 2021.

Litige civil, Student Forum

Superior Court Decisions Depart from Calmusky

  • 03 juillet 2021
  • Laura Cardiff, Casey & Moss

Two recent Superior Court judges depart from the court's ruling in Calmusky that a beneficiary designation is subject to the presumption of resulting trust.

Student Forum, Droit des fiducies et des successions

Will the WSIB Grant Entitlement for a COVID-19 Vaccine?

  • 03 juillet 2021
  • Cassandra Ma, Canada Post Corporation

What happens when a worker receives a COVID-19 vaccine as a mandatory requirement of their employment and suffers a series and unexpected reaction? Cassandra Ma summarizes WSIB's new guidelines on the adjudication of COVID-19-related benefits.

Student Forum, Accidents de travail

Ministry of the Environment, Conservation and Parks Consultation on Environmental Compliance and Development Guidelines

  • 03 juillet 2021
  • Aaron Kurts, Katarzyna Sliwa, Leighton Zink, Dentons

The Ministry of the Environment, Conservation and Parks (MECP) is consulting on four new initiatives, including new guidelines and measures aimed at ensuring compliance with key environmental laws relevant to the development industry. These laws and initiatives are applicable to the land use planning process, affecting municipal decision-making, development guidelines and penalties for non-compliance. The four initiatives are summarized, and their impact analyzed, in this article.

Droit municipal, Student Forum

Capacity to Marry: The Case of Tanti v Tanti et al

  • 03 juillet 2021
  • Jennifer Corak, Miller Thomson LLP

The "deceptively simple" question of whether a spouse had capacity to marry is one that lies at the intersection of family, estates and elder law. This case comment reconsiders the important decision of Tanti v. Tanti, on capacity to marry, in light of the reforms to the SLRA by the Accelerating Access to Justice Act. As the author explains, even after the SLRA amendments come into force on January 1, 2022, marriage has the potential to dramatically change the distribution of a spouse's estate.

Student Forum, Droit des fiducies et des successions

Brown Bag Lunch – May 18, 2021

  • 03 juillet 2021
  • Rebecca Rauws and Tori Joseph, Hull & Hull LLP

Gain insight into issues facing your fellow estates & trusts practitioners through this summary of the May meeting of the BBL group. Topics included the applicability of land transfer tax to various forms of transfers from an estate to a beneficiary, the changes effected by the Accelerating Access to Justice Act, 2021, and how to deal with various unusual testator requests, including for the destruction of estate property.

Student Forum, Droit des fiducies et des successions

ELUC Meeting Minutes - March 24, 2021

  • 03 juillet 2021
  • Estates List Users Committee

At the March meeting of the Estates List Users Committee, stakeholders discussed wait times for court dates, various measures the court has implemented to reserve time for contested matters, and how the Bar can assist in reducing the scheduling backlog over the upcoming months. The Minutes also provide resources for counsel working with CaseLines, which is now being used for all contested matters on the Estates List.

Student Forum, Droit des fiducies et des successions