David Rotfleisch says estate freezes come with pitfalls if not properly executed. By Julius Melniter | December 11, 2022 The ubiquity of estate freezes, which have long been among the flavours of the day in personal tax planning, can mask their complexity. “Estate freezes are the most basic tax planning technique for entrepreneurs and even non-entrepreneurs, […]
A recent Ontario Divisional Court ruling serves as a caution that employers’ prior conduct may prohibit them from amending pension plans even when the collective agreement clearly allows them to do so. “The takeaway from the decision is that employers’ discretion to amend plans will always be subject to labour law principles in cases that […]
Gavin MacKenzie says the decision will not lead to lawyers bringing a “flood of applications.” By Julius Melnitzer | December 5, 2022 In a case of first impression, the Ontario Court of Appeal has been asked to strike a written retainer agreement because it was not “fair and reasonable” to the lawyer. But the court declined to […]
John Campion says that the late AG, Ian Scott, abolished QCs but kept his grandfathered QC when he returned to practice. By Julius Melnitzer | December 2, 2022 A veteran litigator’s call for Ontario to reinstitute the King’s Counsel designation appears to be gaining significant professional support. John Campion, currently a partner at Toronto’s Gardiner […]
Cameron MacDonald By Julius Melnitzer | December 1, 2022 The $6.04 billion in total wagers recorded by iGaming Ontario in its second quarter of operations has been disappointing to some. Still, others say the online market’s potential has yet to materialize. “Some players say these numbers are short of expectations, but we won’t have a […]
Michael Castro says it’s impossible to be totally secure against cyberattacks By Julius Melnitzer | November 28, 2022 Cybersecurity, it turns out, is passé. According to the World Economic Forum, cyber resilience is the new standard. What’s the difference? Cybersecurity is all about foundational security controls. Cyber resilience – which the WEF calls “the defining […]
BTI may help courts decide whether directors properly considered creditors, Preet Gill says. By Julius Melnitzer | November 19, 2022 Although the landmark decision of The Supreme Court of the United Kingdom in BTI 2014 LLC v. Sequana SA appears to fly in the face of Canadian law, directors may still feel its impact on the exercise […]
Some independent evidence is needed to support Moore v. Sweet claims, says Nick Esterbauer By Julius Melnitzer | November 18, 2022 Parties alleging that a change of beneficiaries was unlawful must prove the existence of a clear agreement to maintain their beneficiary status without change, the Ontario Court of Appeal has ruled. In Fair v. BMO […]
Douglas Judson says courthouse libraries are “mission critical” to lawyers in remote areas. By Julius Melnitzer | November 17, 2022 The Federation of Ontario Law Associations, which penned an open letter to benchers seeking support for courthouse law libraries in the current budget, has achieved its goal. In early November, Convocation passed the 2023 budget, which included […]
By Julius Melnitzer | November 15, 2022 The Saskatchewan Court of King’s Bench has held the Saskatchewan Indian Gaming Authority liable for more than $1.2 million in long-term disability benefits owed to a former employee whose benefits were cut off when he was fired and became permanently disabled during the notice period. “This case illustrates […]