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.
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:
the nature and types of digital assets that may form part of an estate
the intersection between privacy law, estates law, and service agreements as it relates to access to digital assets; and
the practicalities of dealing with digital assets as part of estate administration.
Dom Mannella appeared on CSE TV’sAsk an Expert, to discuss with James Black the Listed Issuer Financing Exemption, a set of amendments introduced by the Canadian Securities Administrators to facilitate capital raising with a focus on small reporting issuers.
In the interview, Dom covered the basics around this exemption including: eligibility criteria for issuers; restrictions on use-of-proceeds; disclosure obligations for issuing companies ;role of an agent; investor rights; and, the impact of the exemption, which takes effect on November 21, and has the potential to change the landscape for raising capital in Canada.
On October 7, the Inuvialuit Regional Corporation (IRC), was granted leave to intervene at the Supreme Court in the appeal of the Quebec Court of Appeal reference case on An Act respecting First Nations, Inuit and Métis children, youth and families. This will be a landmark constitutional case with respect to Indigenous peoples’ inherent jurisdiction and legislative authority over the well-being of their children, youth, and families.
Katherine Hensel, lead counsel to IRC, noted that the Inuvialuit child wellbeing law, Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat, is set to come into force and effect in November, 2022, and that the Inuvialuit law’s administration and operation “will be directly impacted by the outcome of the Court’s decision in this case, as will the laws being developed across Canada by other Indigenous governing bodies.”
The date for the hearing at the Supreme Court is scheduled for December 7 & 8, and the Court’s decision will be released in 2023.
IRC is represented in the case by Katherine Hensel and Kristie Tsang of Fogler, Rubinoff LLP
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.
On this National Day for Truth and Reconciliation, we came together as a firm to hear from Tim O’Loan. Tim shared his perspective with frank honesty on reconciliation and his own healing journey. We encourage everyone to take the time to reflect and learn about the harm committed against Indigenous Peoples and begin putting reconciliation into action as allies.
We are thrilled to welcome back in-person our 2022-2023 Articling Students. Learn more about each of them and their experiences on the students@foglers section of the website.
Wills & Estates Associate, Sasha Kraus is a recipient of the prestigious Trust and Estate Practitioner (TEP) designation. The TEP designation formally distinguishes qualified practitioners from non-specialists, and offers a competitive advantage in attracting clients.
It is with deep sadness that we announce the passing of our Partner, friend and colleague, Michael H. Appleton, Q.C. Michael passed away on July 10, 2022.
Following his graduation from Osgoode Hall Law School in 1964, he practiced law for 56 years and was the Managing Partner for 33 years. During that tenure he oversaw the almost five-fold growth of our firm. Michael was instrumental in building this firm and its continued success since the merger of Siegal, Fogler and Rubinoff & Rubinoff in 1982. Fogler, Rubinoff LLP would not be what we are today without Michael’s leadership, business acumen, wisdom and sense of humour. His deep commitment to our clients and our firm was something we all admired.
Our hearts are with Michael’s family, who always mattered the most to him. He will be deeply missed by everyone who was privileged to work with and learn from him.
June is Pride month; a celebration of the significant impact that LGBTQ+ individuals have had on history locally, nationally, and internationally. And what better way to celebrate than by honouring these achievements.
Pride is a testament of the power that individuals have in bringing about social change and is also a reminder of the struggles and sacrifices that have, and continue to, take place for change to occur.
As part of Pride month, we will be hosting Kimahli Powell on June 22nd, to speak about his contributions to the LGBTQ+ community. Kimahli is the Executive Director at Rainbow Railroad, a not-for-profit that helps LGBTQ+ people who are experiencing persecution, harassment or violence in their home countries.
