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Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Wednesday, November 06, 2019 @ 8:42 AM

Defining death: Court of Appeal weighs in life_support_sm

How do we know when someone has died? This question has been the subject of debate in Western societies since at least the 18th century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 8:17 AM

Challenge to authenticity of signatures on will will_signature_sm

The decision in Bayford v. Boese 2019 ONSC 5663 involved a dispute over signatures on a will. The challenger neither disputed that the will embodied the testator’s intentions, nor that it was procured by undue influence, or that the testator lacked capacity. The only issue raised was whether the testator signed the will and that the will was executed in the presence of witnesses. ... [read more]

Monday, November 04, 2019 @ 2:13 PM

Miller Thomson partner to serve second term on STEP council

Miller Thomson announced that partner William (Bill) Fowlis has been elected to serve a second term on the STEP Worldwide Council. ... [read more]

Monday, November 04, 2019 @ 2:11 PM

Wills and estates firm Robinsons Law adds two associates

Robinsons Law announced that Hilary Van de Kamer and Arianne Sawh have joined the Toronto firm as associates. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 9:47 AM

OBA focuses on education during Make A Will Month

A 2018 poll conducted by the Angus Reid Institute showed that a majority of Canadians don’t have a will. In Ontario, only 46 per cent of people have a last will and testament in place. Only 35 per cent say they have one that is up to date. ... [read more]

Monday, November 04, 2019 @ 8:46 AM

Fraudulent conveyance and Stone v. Stone: 18 years later money_behindback_sm

It has been 18 years since the Court of Appeal for Ontario decided Stone v. Stone 2001 55 O.R. (3d) 491. In this case the court characterized inter vivos gifts from a father to his adult children as a fraudulent conveyance because the gifts were intended to thwart a spouse’s entitlement under the Family Law Act. Let’s see how courts have applied this seminal case. ... [read more]

Thursday, October 31, 2019 @ 6:06 PM

ABSENTEES - Absence and disappearance

Appeal by the liquidator of Roseme’s estate from a decision of the Quebec Court of Appeal, affirming the trial decision which ordered restitution of pension payments made by Roseme’s former employer, Carleton University (Carleton). ... [read more]