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

Life Insurance as Security for Support Obligations

  • April 22, 2019
  • Michael J. Marra, WEL Partners

This is a timely article that canvases 2017 and 2018 case law for family law lawyers regarding the treatment of spousal and child support obligations on the death of the payor, and the corresponding rights and obligations that must be considered by family law lawyers when drafting Agreements and consent Orders.

Family Law, Student Forum

New Court Fees and One-Key!

  • April 22, 2019
  • Kelly Watson, student-at-law, Law Office of Laura E. Oliver

This document informs family law practitioners of the April 1, 2019 court fees increase for their clients' matters.

Family Law, Student Forum

What Can You Do When There is a Delay in a Mortgage Discharge?

  • April 22, 2019
  • Raymond G. Leclair, Lawyers' Professional Indemnity Company (LAWPRO®) / Assurance LAWPROMD

The Canadian Bankers Association has a list of bank officials to contact regarding the discharge of mortgages, which will be routinely updated and was last updated on January 28, 2019.

Real Property Law, Student Forum

Protecting Against Developer Error: Addressing Appropriate Data Management Procedures and Measures for Developers Today… and Tomorrow

  • April 17, 2019
  • William Lim

Facebook discovered a data breach in 2013 due to the inadvertent interaction between two of its features. The Privacy Commissioner of Canada (“Commissioner”) investigated the cause and aftermath of the breach and decided that the remedial measures Facebook implemented following this breach was sufficient. Would that decision be upheld by a Court in a claim for negligence? What additional but practical technical measures could Facebook have implemented to avoid being found negligent?

Privacy Law, Student Forum

Lessons from “Hard Work is Not Enough: Take Control of Your Career"

  • April 12, 2019
  • Heather Douglas, lawyer at AMR LLP

On February 6, 2019, Heather Douglas and Dana Lue of the OBA Young Lawyers' Division chaired the Continuing Professional Development (CPD) program "Hard Work is Not Enough: Take Control of Your Career". Read Heather's takeaways from the event here.

Student Forum, Young Lawyers' Division

Getting Past Pronouns: Gender inclusive practice and drafting in the legal profession

  • April 12, 2019
  • Elizabeth White, articling student, Borden Ladner Gervais LLP

Removing and replacing gendered pronouns and gender assumptions is a small but critical way the legal profession can promote equality and respect for gender diverse Canadians. Read on for practical tips and guidelines to be more gender-inclusive using the written word.

Student Forum, Young Lawyers' Division

Changes to Holding Company Rules May Limit Holding Corporations' Ability to Claim ITCs

  • April 09, 2019
  • Alicia Malone, associate and senior manager at KPMG Law LLP

The GST/HST holding company rules have long been hotly contested between the CRA and GST/HST registrants. The changes proposed by the Department of Finance may help to provide some clarity to this area, however, the new property test for parent corporations will likely limit the application of these previously broad rules.

Student Forum, Taxation Law

Mulitiple Wills and Basket Clauses: A review of Re Milne Estate and Re Panda

  • April 09, 2019
  • Adam Giancola, Casey & Moss LLP

The issues raised in Re Milne were a source of much debate in the Estates and Trusts Bar in 2018. In this article, Adam Giancola reviews the recent Divisional Court decision which clarifies the validity of basket clauses used in multiple wills.

Student Forum, Trusts and Estates Law