Articles 2020

In law, sometimes the simplest questions are the most difficult to answer. This article explores why the fairly basic question of "who should I name as a party?" could yield contradictory answers in the context of a dependant's support application. In the face of a potential contradiction between the Succession Law Reform Act and the Rules of Civil Procedure, this article suggests some best practices for avoiding a last-minute adjournment of your client's application. 

Trust law can be difficult enough, but the Land Registry Office’s current approach to registering trusts (or refusing to do so) has further complicated matters, potentially obscuring the true ownership of land. This article explores the difficulties of the current treatment of trusts in the land titles system, and where that leaves lawyers interacting with the system.

When used properly, a hotchpot clause can equalize beneficiaries for a parent’s prior unequal treatment, promote fairness, and potentially reduce the prospect of estate litigation. But, these clauses require careful consideration and detailed information from the testator. Learn what a hotchpot clause can apply to, how exactly one brings past gifts or loans “into hotchpot,” and some issues to consider when drafting.

The OBA’s Dinner with Senior Estate Planners is one of the most popular estate planning events of the year. In this article, one attendee highlights a few of the reasons for its success, and summarizes some key insights provided by the panelists.

When can a tenant also be an owner? This article looks at the recent case of Warraich v Choudhry et al, where the Superior Court answers that question, and examines a complicated landlord-tenant and co-owner relationship that engaged issues of oral agreements over land, contract interpretation, constructive trust claims, and accounting issues.