The definition and scope of digital assets is ever-evolving as technologies develop. Our social, financial, personal and professional landscapes have undergone a shift with the advent of YouTube, Twitter, and Bitcoin (to name a few digital products). It is no surprise then, that the existing legal frameworks are either silent or ineffective when it comes to dealing with digital assets within an estate. 

On November 7, Ashley Naipaul and Kathryn Balter of our Wills and Estates team will be speaking at the 2022 ALCO/Government of Ontario Educational Conference on the topic of Dealing with Digital Assets on Death.

There is currently no legislation in Ontario that governs the issue of access to and disposition of digital assets upon an asset-holder’s death. As a result, estate trustees are left to navigate this issue in the context of privacy law (i.e. PIPEDA), service agreements (which are often subject to governing laws outside of Canada) and estate law principles. 

Individual testators may try to fill the gap by expressing their wishes for the transfer of their digital assets in their will, however, an estate trustee’s ability to implement these wishes is hampered when he or she is not provided with the necessary credentials (i.e. passwords, a digital wallet, etc.). 

Given that digital assets are varied, it is also difficult to assess their value for estate purposes and, relatedly, the extent to which an estate trustee is justified in pursuing access to a given digital asset. 

In this session, Ashley and Kathryn seek to provide an overview of:

At  The Condo Conference, Carol Dirks spoke about effective communication.

Her panel discussed delivering messaging for community compliance and transparency, efficient reporting structure resulting in shorter condo board meetings, the art of complaining to get results and everything in between!

Fogler, Rubinoff LLP was also a Gold Sponsor at this year’s Condo Conference.

Carol Dirks will be on the Condo Legal Roundup panel at this year’s CAI Condo Conference. This informative session will look at some of the pitfalls that are associated with condominium litigation, and how to avoid them in your condo community. Small decisions can have big consequences, and the panel will provide some practical tips and solutions to avoid litigation and contentious situations in your condo. 

Karen Rosen presented at the OBA’s Secured Transaction Essentials for Business Lawyers on the topic of “Negotiating and Issuing Transaction Opinions”.

Back by popular demand, this foundational program provided essential and practical advice on how to approach aspects of secured financing transactions and personal property security law in Ontario, as well as how they have been impacted by the global pandemic. 

Bill Taggert will co-chair this annual OBA Aboriginal Law Program on June 22, 2022

Join the OBA at their annual conference and get up to speed on the emerging issues and latest substantive developments that are impacting the practice of Aboriginal law in Ontario and Canada. With a particular focus on the changing legal scenery in Aboriginal title and rights, our exceptional faculty will walk you through the most important recent cases and provide valuable insights to implement in your practice. Learn more about the interpretation of treaty rights in a modern context as well as practical strategies for pursuing treaty annuity claims. In addition, join Honourable Justice Sébastien Grammond of the Federal Court for a thought-provoking discussion about recognizing Indigenous law.

To Register and View the Entire Program Click Here

As the Ontario government has moved ahead with implementing proof of vaccination requirements for businesses and organizations, what does this mean for condominium corporations?

Carol Dirks presented at the CAI Canada V-CON(DO) 2021 conference, on a panel that weighed-in on the various considerations and challenges from a legal, management and board perspective in implementing a proof of vaccination policy for residents (as well as employees and contractors), and a discussion about how best to enforce.

David Theil presented at the CAI Canada V-CON(DO) 2021 conference, as part of a national panel which examined Capital Repair/Maintenance Obligations.

The session discussed how the tragic collapse of a condo in Florida has brought to the forefront concerns about how condos are repaired and maintained. Can something like this happen here, north of the 49th parallel?

The panel drilled down on the roles and responsibilities of condo corporations when it comes to maintaining, repairing and replacing common elements and assets of condo corporations in Alberta, Ontario and Québec. The panel also discuss how this vital work is planned and financed over the life cycle of condo corporations. Who determines what needs to be repaired/replaced; when, by whom and at what costs?

On April 7, lawyers from our condo law and employment law groups discussed recent developments in employment law and what this means for condo corporations in 2021.

Topics our panel addressed included:

Michael Fraleigh is the Program Director for “Managing a Healthcare Pandemic: Reducing and Managing the Legal Risks”.

Specifically developed in response to the current COVID-19 pandemic, this program is designed to bring to the forefront challenges healthcare practitioners and organizations are facing, including:

Hear how the Competition Bureau Canada and the Office of the Privacy Commissioner of Canada (OPC) each have a role to play in protecting the privacy of Canadians.

As part of the CBA Law Series, in Happy Together: Privacy & Competition Law in a Digital Economy, Competition Bureau Deputy Commissioner Josephine Palumbo and OPC Deputy Commissioner Brent Homan will discuss with privacy and competition lawyer Bill Hearn how the OPC and the Competition Bureau protect and enforce privacy in its human rights and consumer protection dimensions.

The 2019 and 2020 investigations into Facebook, which resulted in a major joint investigation into by the Privacy Commissioner of Canada and the Information and Privacy Commissioner for British Columbia and a subsequent $9 million settlement between Facebook and the Competition Bureau demonstrated that there is overlapping jurisdiction and many tools in the regulatory toolbox to protect Canadians. This session will look forward since Facebook to learn how the regulators can work together and what obstacles they may face.