Emerging guidance on substantial compliance Wills in 2023
Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....
Continue reading the post titled Emerging guidance on substantial compliance Wills in 2023Not every spill is an offence
It’s encouraging to see the courts rejecting prosecutions for minor, low fault spills that are quickly and professionally managed.
Continue reading the post titled Not every spill is an offenceWhittling Down Our Testamentary Freedom
Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field know quite well, testamentary freedom...
Continue reading the post titled Whittling Down Our Testamentary FreedomOntario finally adopting carbon cap and trade
Today, Premier Wynne announced that Ontario is finally going ahead to implement a cap and trade system for carbon emissions, in cooperation with Quebec and perhaps California. Ontario originally promised to join Quebec, California and others in the Western Climate Initiative in 2008, but has since fallen behind. Since December, the WCI has conducted two auctions of...
Continue reading the post titled Ontario finally adopting carbon cap and tradeRenewable energy approvals
One great feature of the Green Energy Act will be freeing renewable energy projects from the current straightjacket of Ministry of the Environment rules on “waste”.
Continue reading the post titled Renewable energy approvalsUnreasonable Delay in Environmental Prosecutions after R v Jordan: Where Are We Now?
The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time. There was speculation at the time of the decision’s release about its impact...
Continue reading the post titled Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where Are We Now?Ontario Superior Court of Justice Sets Aside Provisions of Legislation Cutting Toronto City Council in Half in City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151.
In July 2018, merely one month into his new role as Ontario Premier, Doug Ford announced his intention to reduce the number of Councillors in the City of Toronto by almost 50%. Bill 5, Better Local Government Act (“Bill 5”), which received Royal Assent on August 14, 2018, reduced the number of seats of Toronto’s...
Continue reading the post titled Ontario Superior Court of Justice Sets Aside Provisions of Legislation Cutting Toronto City Council in Half in City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151.Paths to resolving a family law separation
Experiencing a separation is never easy. When a relationship breaks down, there are many issues that need to be resolved, such as deciding whether the family home will be sold or bought out by one party, dividing or “equalizing” the family property, setting a parenting schedule for the children, and figuring out whether one party...
Continue reading the post titled Paths to resolving a family law separationAffordable Housing and the Planning Act Authority for Parkland Dedication and Cash-in-Lieu
“You can neither lie to a neighbourhood park, nor reason with it. ‘Artists conceptions’ and persuasive renderings can put pictures of life into proposed neighbourhood parks or parks malls, and verbal rationalizations can conjure up users who ought to appreciate them, but in real life only diverse surroundings have the practical power of inducing a...
Continue reading the post titled Affordable Housing and the Planning Act Authority for Parkland Dedication and Cash-in-LieuMOE Interrogations
Can Ministry of the Environment investigators force people to answer their questions?
Continue reading the post titled MOE InterrogationsReceive Blog Posts
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