We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Analysis

Latest

Monday, May 13, 2019 @ 3:00 PM

How Bill C-46 affects Crowns relying on s. 258(1) in impaired trials Smugdrunkdriver.jpg

Should a repealed evidentiary provision still apply to post-repeal trials even where the charges were laid prior to the date of repeal? This was the question in R. v. Shaikh 2019 ONCJ 157. ... [read more]

Monday, May 13, 2019 @ 9:22 AM

Ontario goes beyond common law in proposed Crown liability act crown_umbrella_sm

The much discussed proposed Crown Liability and Proceedings Act, 2019, (CLAPA) is contained in Schedule 17 of Ontario’s 2019 budget bill. If enacted, CLAPA would repeal the Proceedings Against the Crown Act (PACA), which has served as a litigator’s roadmap to suing the provincial Crown in Ontario since 1963. ... [read more]

Friday, May 10, 2019 @ 11:49 AM

Decline of environmental law, public oversight in Ontario’s North Northernmap.jpg

Ontario is witnessing a swift and disturbing de-evolution of its key environmental laws. The province has proposed to further add to the already expansive list of projects exempt from the Environmental Assessment Act (EAA) and amend rather than fully implement the Endangered Species Act (ESA). ... [read more]

Friday, May 10, 2019 @ 8:24 AM

Not filing U.S. tax forms serious for Americans in Canada FBAR_tax_sm

It’s been nine years since the Foreign Account Tax Compliance Act (FATCA) was passed in the United States, and almost five since the U.S. and Canada entered into an intergovernmental agreement to share tax-related information. Americans who live in Canada should know now that they are required to file a U.S. tax return and other information returns annually. ... [read more]

Thursday, May 09, 2019 @ 1:40 PM

Other side of the bridge: Another approach to child’s catastrophic impairment medcharts

In this article, I’ll show how the objectives and purposes of Ontario’s Bill 251/15 can be used as an interpretive aid in applying s. 3.1(5)i of the Statutory Accident Benefit Schedule (SABS 34/10). ... [read more]

Thursday, May 09, 2019 @ 11:06 AM

Determining best interests of trans and gender non-conforming children Transgender_jpg

Family court judges are increasingly being asked to make decisions revolving around a child’s transgender identity or gender non-conforming (GNC) behaviour. ... [read more]

Thursday, May 09, 2019 @ 9:17 AM

Habeas corpus and immigration detention: Top court to weigh in immgration_jail_sm

As mentioned in our previous article, the Supreme Court of Canada is expected to weigh in on availability of a writ of habeas corpus to those being held in immigration detention in Minister of Public Safety and Emergency Preparedness, et al. v. Tusif Ur Rehman Chhina, Docket 37770. ... [read more]

Wednesday, May 08, 2019 @ 1:09 PM

In landmark case, court deems ‘obituary piracy’ is ‘high-handed and reprehensible’ Candleonblackbackground.jpg

In February 2018, I wrote an article for this publication about a novel application to certify a class action copyright and moral rights infringement claim against Afterlife, a Quebec-based site that reproduces obituaries. On May 1, the Federal Court recently issued its judgment and reasons in the undefended lawsuit and awarded $20 million for the plaintiffs. ... [read more]

Wednesday, May 08, 2019 @ 9:50 AM

Foreign Beneficiaries: From multiple taxation to transfer of interests foreign_money_sm

With increased mobility of people and their assets, more and more estates have a multijurisdictional dimension. A multitude of special considerations come into play which must be identified and dealt with if an estate has foreign beneficiaries which increase the complexity of the estate administration. This series of articles highlights a number of them and is written from the perspective of Canadian and Ontario law. ... [read more]

Wednesday, May 08, 2019 @ 8:33 AM

Cutting legal aid for refugee claimants is lose-lose cutting_money_sm

The first time I worked on a refugee file was in 1983. As a law student at Osgoode Hall Law School’s Community and Legal Aid Services Program, I interviewed a young man who came into the clinic. He had escaped a repressive African country where he was imprisoned and tortured because he attended a peaceful demonstration. My supervisor ended up instructing me to refer him to a lawyer who could take on his case with a legal aid certificate, because the matter was too complex for a law student to handle. ... [read more]