Halacha

Religious Jews live their lives in accordance with religious Jewish law (“Halacha”). When the law of Ontario and Halacha intersect interesting issues arise when the forced heirship laws of Halacha conflict with the law of testamentary independence and or the laws of intestacy. Also of interest is the conflict that arises between the Health Care Consent Act and Halacha’s view of end of life situations.

end of life

Do Religious Patients’ End of Life Wishes Bind Medical Decision-makers?

There have been developments in recent cases that impact the question of how best to safeguard the choices of people of faith with respect to “end of life” decision-making. The purpose of this blog is to review those cases and provide some insight about how best to ensure faith-based wishes are respected and followed by medical professionals, tribunals and the Court.
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jewish cemetery

Reburial in a Jewish Cemetery

As part of the Jewish High Holiday season, like many of my co-religionists I have gone through some introspection and wondered is there a case that defines me as a lawyer. Throughout my career I have had the opportunity to represent some very interesting clients and be involved is some very interesting cases. When I thought about it there were two very similar cases that came to mind.
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Advising The Orthodox Jewish Litigant

The purpose of this paper is to provide litigation lawyers and other interested parties with insight into the specific needs of Orthodox Jewish clients. It is important in developing a litigation strategy for those clients to understand how some of the tenets of their faith impact on the litigation of disputes and the financial and personal risk that the clients may be placed in as a result.
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Supreme Court of Canada

Jewish physicians’ freedom of conscience and religion and the Carter Case

How does the decision in the Supreme Court of Canada (SCC) in Carter v. Canada (Attorney General) (“Carter”) impact on the religious Jewish doctor? Will this landmark decision bring into conflict these doctors’ freedom of conscience and religion with their professional obligations? The Carter case sets aside federal criminal laws as they relate to physician assisted suicide. It stands for the proposition that individuals who are suffering unbearably have a constitutional right to a physician-assisted suicide. Canada now joins only eight other countries in the world that have decriminalized physician-assisted suicide in recent years. This is a fundamental change in the law.
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Is disinheriting your child for marrying outside the faith contrary to public policy?

As chair of B’nai Brith Canada’s Trusts & Estates Group I oversee the committee that chooses the subject matter and format of the continuing legal educational programs offered every year to the lawyers and accountants of our community. We choose topics that are relevant to the profession and to the Jewish community. This year we are examining whether a clause in a will that disinherits a child for marrying outside the faith is legal.
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Is disinheriting Jewish?

Howard and Martha have two children, Sam and Laura. Sam is married to a Jewish woman; Laura is on the cusp of marrying a Christian man. Howard and Martha like Laura's fiancée, but are distraught about their family’s role in the continued existence of the Jewish people; they know that…

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