Practice Area Articles

OBA’s Sections are continuing to publish timely articles and relevant resources to keep you apprised of, and equipped to adapt to, the ongoing developments within your areas of practice.

Note: Information or content expressed or made available in these Section articles is that of the respective author(s) and not of the OBA.

ALTERNATIVE DISPUTE RESOLUTION

Make the Most of Mediating Over Web or Phone
by Marshall Schnapp

Quarantine Quarrels? This Mediation Tool May Help
by Jennifer Egsgard

Considerations Around Virtual Mediation
by Christine Kilby

Virtual Mediation Memo
by Stuart Rudner

Opening Statements and Joint Sessions - When and Why?
by Harold Arkin and Tahir Khrorasanee

Virtual Mediation: Welcome to the New Normal
by Bernard Morrow, Mitchell Rose and Tahir Khorasanee

Top Ten Issues to Include in a Virtual Arbitration Protocol
by Megan Keenberg

Happy Hybrid Mediation New Year!
by Mitchell Rose

Mediation-Arbitration: A Better Way to Resolve Disputes?
by Mana Khami and David Canton

Recent Trends in the Mediation of Employment Law Disputes
by Barry Fisher

Case Management Arbitration: An Efficient Solution to COVID-19 Backlogs
by Megan Keenberg

Views from the COVID Bomb Shelter – A Statistical Analysis
by Vance Cooper, Jonathan T. Cooper, Logan Cooper

 

BUSINESS LAW

Commercial and Contract Law Implications of the COVID-19 Pandemic
by Wayne Gray, Practical Law Canada

Price Gouging in a Pandemic – What Canadian provinces are doing to stop it
by Denes Rothschild and Devin Persaud, Borden Ladner Gervais LLP

Business Restructuring During COVID-19: Estate Freezes
by Nancy E. Claridge and Luis R. Chacin, Carters Professional Corporation

Sample Policies of a Sole Practitioner for Client and Staff Safety during the Pandemic
by Kathleen Robichaud

CANADIAN CORPORATE COUNSEL - ONTARIO

A Year Into A Pandemic: Tips to Combat Zoom Fatigue for In-House Counsel
by Raghav Jain

The Virtual Shift - who is “essential” and do they really need to work
by David Mousavi, Toronto Regional Real Estate Board

CHARITY AND NOT-FOR-PROFIT LAW

COVID-19 Pandemic Economic and Tax Measures For Charities and Not-For-Profits
by Robert B. Hayhoe and Gwenyth Stadig, Miller Thomson LLP

NFP Board and Members’ Meetings Amidst COVID-19 Pandemic 
by Theresa L.M. Man, Carters

Accessing Restricted Funds Amidst the COVID-19 Crisis
by Andrew Valentine

CHILD AND youth LAW

Who’s Checking in on Youth in the Justice System?
by Rowena Pinto, Rachel Gouin, Cheryl Milne, Shawn Bayes, Mary Birdsell, Heather Sago, Senator Kim Pate

Recent Court Innovations For Matters Involving Children and Youth
by Brock Jones, David Tobin and Jane Stewart

Human Rights Protections Apply - Even in a Pandemic
by Amanda Dimilta, bakerlaw.ca

CITIZENSHIP AND IMMIGRATION LAW

Top Ten Considerations for Temporary Foreign Workers During the COVID-19 Pandemic
by Carrie Wright,BARTLAW LLP | Canadian Immigration

Federal Court Considers OIC
by Hart Kaminker, Kaminker & Associates

Electronic Transformation
by Hart Kaminker, Kaminker & Associates

Starting My Journey in the Midst of a Pandemic
by Masha Brar

Top Ten Current Considerations Related to COVID-19 for International Travellers Entering Canada
by Carrie Wright

Immigration to Canada Falls by Half
by Sajjad Malik, SAM Law

CIVIL LITIGATON

Access to Justice in the Time of COVID-19: Lessons from Classical Antiquity
By Megan Hodges, Blaney McMurtry LLP

Ontario Considers Eliminating Juries from Civil Trials
by David Milosevic, Milosevic Fiske LLP

The Three Chiefs: Interviews with the Three Chief Justices of Ontario on the Courts' Response to COVID-19 and the Modernization of the Justice System
by David Milosevic; Chief Justice George R. Strathy, Court of Appeal for Ontario; Chief Justice Geoffrey B. Morawetz, Ontario Superior Court of Justice; and Chief Justice Lise Maisonneuve, Ontario Court of Justice

CONSTITUTIONAL, CIVIL LIBERTIES AND HUMAN RIGHTS LAW

Re-Cap of CCLHR & Elder Law CPD Program: Emergency Measures and the Impact on Older Adults and People with Disabilities
by Deina Warren

Canada’s Human Rights Failures on COVID-19
by Errol Mendes

COVID-19: Legal Obligations Around Childcare Accommodation
by Priya Sarin and Matthew Badrov, Sherrard Kuzz LLP

COVID-19: The Vaccine & “Return-to-work” Policies
by Taran Hoogsteen

Evictions During the Pandemic in Toronto
by Nancy Bediako

CONSTRUCTION AND INFRASTRUCTURE LAW

Crisis Management Bulletin: Construction Contracts and COVID-19
by Andrew J. Heal, Heal & Co. LLP

Force Majeure Provisions in the Context of Outbreaks and Protests
by Jackie van Leeuwen, Glaholt Bowles LLP

COVID-19 - New Home (Tarion) Warranty Processes Suspended
by Christine Kellowan, Goldman Sloan Nash & Haber LLP

Tips for Preparing for E-Litigation
by Faren Bogach, Kartiga Thavaraj, Mike Brown and James De Melo, WeirFoulds LLP

The Implications of Force Majeure and Frustration in the Time of COVID-19
by Jesse Gardner & Natasha Rodrigues, Singleton Urquhart Reynolds Vogel LLP

Virtual Litigation in Construction Law: Are you Ready? Best Practices Roundup
by Karen Groulx and Dragana Bukejlovic, Dentons Canada LLP

New Amendments to the Rules of Civil Procedure – Construction Act Implications
by Karen Groulx, Dragana Bukejlovic, Dentons Canada LLP

Was COVID the Impetus for Change the Construction Industry Needed to Embrace the Digital Revolution?
by Karen Groulx, Dragana Bukejlovic and Karl Schober, Dentons Canada LLP

CORPORATE COUNSEL

Force Majeure and COVID-19: Key Considerations for In-House Counsel
by Wole Akinremi, KPMG LLP

A Legal Counsel’s Observations on Work from Home Etiquette
by KJ Chong, BroadGrain Commodities Inc.

Lawyering and Regulating During a Global Pandemic
by Michael Rusek, Ontario Motor Vehicle Industry Council (OMVIC)

CRIMINAL JUSTICE

“We are not presently in normal circumstances”: How COVID-19 is Impacting Bail and Sentencing
by Teddy Weinstein and Natasha Donnelly

Practicing During COVID: tips and suggestions to help you weather the storm
by Dan Brown, Lisa Jørgensen, Amanda Ross

EDUCATION LAW

At-Home Learning: Legal Considerations and Challenges for School Boards
by Sakshi Chadha and Shamim Fattahi, Keel Cottrelle LLP

​Online vs In-Person Learning: Separating Parents Battle It Out in Court
by Inesa Buchyn

ELDER LAW

Lawyers’ Checklist: Checking for Indicators of Undue Influence During Virtual/Digital (Video) Meetings
by Kimberly A. Whaley, Whaley Estate Litigation Partners

Substitute Treatment Decisions During the COVID-19 Crisis
by Alexander Procope, Perez Bryan Procope LLP

Long-Term Care in Ontario: Can we find light at the end of the COVID-19 tunnel?
by Simmie Palter

Long Term Care and Visitor Restrictions in a Time of Pandemic as well as Calm
by Blair L. Botsford, BA, LLB, MA, TEP, Dentons

Legality of Detention in Long-Term Care and Retirement Homes During the COVID-19 Pandemic
by Jane E. Meadus, Advocacy Centre for the Elderly

Should We Amend the Health Care Consent Act to Allow Unilateral Removal of Ventilators?
by Lisa Feldstein, Lisa Feldstein Law Office

ENTERTAINMENT, MEDIA AND COMMUNICATIONS LAW

Covid-19: The legal fall-out
by Divya Shahani, Miller Thomson

ENVIRONMENTAL LAW

Keeping Up with Environmental Obligations in the Time of COVID-19
by Jessica Boily, Anna Côté, Mark Youden, Alexei Paish, and Harry Dahme, Gowling WLG

COVID-19: Implications for Environmental Permitting and Compliance
by Richard J. King, Jennifer Fairfax, Alexandre Fallon, Patrick G. Welsh, Jessica Kennedy, Julien Hynes-Gagné, Evan Barz, Véronique Paré, and Jesse Baker, Osler

Ideas to Support a Green Recovery in the Wake of the Covid-19 Pandemic
by David McRobert

Is Your Environmental Investigation “Essential”? Environmental Services during the COVID-19 Pandemic
by Jessica Boily and Natalie Mullins

Whither the Canadian Federal Government’s Proposed Plastics Regulatory Plan? Will the public and the provinces support federal government efforts to ban and regulate single-use and other plastics in the wake of COVID-19?
by David McRobert

FAMILY LAW

Exposed: What COVID-19 Has Taught Us
by Gary Joseph, MacDonald & Partners LLP

A Huge Problem Without a Clear Answer: COVID-19 and Support Obligations (Part 1 of 2)
by Vanessa Lam

Access to Justice Challenges: COVID-19 and Support Obligations (Part 2 of 2)
by Vanessa Lam

HEALTH LAW

A Recap of Priority CPD Programming: Health Law Now-Emergency Management, Virtual and In-Person Care and Lessons from SARS
by Carina Lentsch

Delivering Virtual Care During the COVID-19 Pandemic
by Rozmin Mediratta, Wise Health Law

A Recap of Priority CPD Programming: Professional Regulation and Discipline of Health Professionals – How the Landscape has Changed
by Carina Lentsch, ACL Law

Ontario's Patient Ombudsman Released Special Report on Long-Term Care
by Carina Lentsch, ACL Law

E-Hearings: The New Normal for Discipline Hearings During COVID-19
by Carina Lentsch, ACL Law

Case Comment: LTC Mandatory COVID Testing Policy upheld in Labour Arbitration
by Carina Lentsch, ACL Law

Recap of PD Program: Health Law & Privacy of Patients – What you Need to know in these Unprecedented Times
by Teddy Weinstein

Cross-Canada Virtual Care Licensure Requirements and Best Practices
by Louise Sweatman, BScN, RN, MSc, LLB, Canadian Medical Association, and Christine Laviolette, BHSc, JD, BLG,, with research assistance from BLG student Courtney Po

INFORMATION TECHNOLOGY AND INTELLECTUAL PROPERTY LAW

Corona[Practice]: How Technology Has Changed — And Will Change— Law Practice Thanks To The Pandemic
by Sébastien Budd

Focusing the Lens on Video Conferencing Platforms: Privacy and Cybersecurity Considerations for Legal Practice
by Jennifer Davidson and Alessia Monastero, Deeth Williams Wall LLP

Intellectual Property (IP) Best Practices in the Time of COVID-19
by Isi Caulder, Bereskin & Parr LLP

A COVID-19 Fast-track for Canadian Trademark Applications
by Sangeetha Punniyamoorthy and Aleksandar Kaludjerovic

Reforming Canada’s Privacy Legislation: Does it Take a Pandemic?
by Imtiaz Karamat

What COVID-19 Demonstrates About the Willingness to Issue Compulsory Licences
by Anna-Marie Morrish

INSOLVENCY LAW

Changes to Commercial List Operations in Light of COVID-19
by Commercial List Users’ Committee

Update on Changes to Commercial List operations in Light of COVID-19
by Commercial List Users’ Committee

INSURANCE LAW

Potential Insurance Coverage for Loss Caused by COVID-19
by Hovsep Afarian, Aidan Cameron, Emmanuelle Poupart, and William G. Scott, McCarthy Tétrault

INTERNATIONAL LAW

The Power of a Resilient and Creative Mind: how to transform COVID-19 into a positive outcome
by Delara Emami

LABOUR AND EMPLOYMENT LAW

Apps to Assist the Labour and Employment Lawyer
by Jessica Fay and Janeta Zurakowski, Filion Wakely Thorup Angeletti LLP

Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices
by Andrew Monkhouse, Monkhouse Law, Kim Condon, Blue J Legal

ROE, ROE, ROE Your Boat! A Refresher On the Ins and Outs of ROEs
by Adrian Ishakl, Salesforce

Maintaining Privacy Standards While Working from Home During COVID-19
by Barbara Walancik, Koskie Minsky LLP

Virtual Hearings – Arbitrators’ Top Tips and Trends
by James Jennings, Filion Wakely Thorup Angeletti LLP

Virtual Mediations – Tips and Trends from the Virtual Trenches
by James Jennings, Filion Wakely Thorup Angeletti LLP

Key Developments in Employment Law in 2020
by Dasha Peregoudova, Aird & Berlis LLP

2020 Year in Review: The Ontario Labour Relations Board
by Andrew Shaw and Shyama Talukdar, Baker & McKenzie LLP

Workplace COVID-19 Protocols and Just Cause in Unionized Workplaces
by Meg Atkinson and Ruthie Wellen, Kastner Lam LLP

Waiting to Act Is Not a Reasonable Option: Workplace Health and Safety in the Time of Coronavirus
by Cassandra Ma, Canada Post Corporation

When Unfettered Compliance is a Detriment: Appealing Orders under the Occupational Health and Safety Act
by Carissa N. Tanzola and Stephanie Nicholson, Filion Wakely Thorup Angeletti LLP

Is Placing an Employee on the Infectious Disease Emergency Leave a Constructive Dismissal? The debate continues…
by Paul Schwartzman and Benjamin Zolf, Brauti Thorning LLP

Paid Sick Leave in Ontario for Reasons Related to COVID-19
by Andrew Shaw, Ajanthana Anandarajah and Alessandra Fusco

LAW PRACTICE MANAGEMENT

Managing your Mental Health through COVID
by Shawn Erker

Ten Tips for Effective Video-conferencing
by Shawn Erker

5 Ways to Efficiently Expand Your Practice During a Pandemic
by Sukhi Hansra

MUNICIPAL LAW

Local Planning Appeal Tribunal - Proposed Interim Hearing Format
by Christie Gibson and Andrea Wilson-Peebles

Electronic Meetings and Proxy Voting
by Sarah Hahn and Jacklyn Tuckey, Barrison Law

Articling During COVID-19 – A Municipal Perspective
by Eric Cheng, The Regional Municipality of Peel

Conservation Authorities Legislative Update
by Jonathan Nehmetallah, Gardiner Roberts LLP

Desperate Financial Times Call for Desperate Legal Measures for Shut-down Retailers
by Daron L. Earthy, City of Mississauga

NATURAL RESOURCES AND ENERGY LAW

Department of Finance Proposals to Extend Timelines to Spend Flow-Through Funds
by Lisa Davis, LL.B, ICD.D, PearTree Securities

PENSIONS AND BENEFITS LAW

What’s New in Pension and Benefits - April 2020
by Simon Laxon and Michael Long, Willis Towers Watson

What’s New in Pension and Benefits – June 2020
by Simon Laxon and Michael Long, Willis Towers Watson

PRIVACY AND ACCESS TO INFORMATION LAW

Does your Pandemic Plan Align With your Data Security Plan? by Molly Reynolds and Ronak Shah

Program Summary: Privacy Law Now – Exceptions to the Requirement of Consent in the Disclosure of Personal Information, Remote Workforces and Privacy in Health Information
by Rajen Akalu

Tech Giants Collaborate to Fight COVID-19 Through Contact Tracing Technology
by Jennifer McKenzie and Amanda Branch

Ontario Government to Launch COVID Alert, a Contact Tracing App, in July
by Jennifer McKenzie, Amanda Branch and Raffi Dergalstanian

Covid-19 Vaccine Passports: A Joint Statement from Canada’s Privacy Commissioners
by Amanda Branch and Prudence Etkin

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

by Jaime Cardy, Office of the Information and Privacy Commissioner of Ontario

PUBLIC SECTOR LAWYERS

Navigating Emergency Powers and their Limitations & Protections Against their Arbitrary Use
by Domonie Pierre

Zoom in a Professional Context
by Vania Draguieva

The Changing Face of Regulation: Notes and Reflections
by Alec Angle

REAL PROPERTY LAW

Basic Approach for Remote Signing
by Maurizio Romanin, Merredith MacLennan and Ian Speers

Small Business Tenant Evictions due to COVID-19 and Mechanisms for Relief – A Canada-wide Perspective
by Nipuni Panamaldeniya, LXM Law

SEXUAL ORIENTATION AND GENDER IDENTITY LAW

Professional Development: Finding Myself in the Pandemic
by Teddy Weinstein

SOLE, SMALL FIRM, AND GENERAL PRACTICE

Just Started or Thinking About Starting Your Own Practice? Be prepared to weather the second wave of COVID without much government support
by Anna Malazhavaya

Starting Out Solo
by Erin O’Rourke

2020 - What a Year to Start a Practice
by Ben Fulton

Practicing Solo in Covid
Anton Katz

 

TAXATION LAW

Employee Home Office Expenses: Allowances, Reimbursements and Deductibility
by Kevin Yip and Kathryn Walker, Fasken

Ontario Provides COVID-19 Relief in 2020 Economic and Fiscal Update
by Rachel Gold

When the World is Frozen, Freeze Your Business?
by Caroline Elias and Jennifer Katz

Significant GST/HST Changes for the Digital Economy
by Paul Casuccio and Devon LaBuik

CRA Releases Details on Work from Home Expense Deductions and Benefits
by Kevin Yip, Devon LaBuik, and Kathryn Walker

COVID-19 Canada Recovery Benefits & the Indian Act Tax Exemption
by Jessica Alves, Buset Law

TRUSTS AND ESTATES LAW

Revised Filing Direction for Estates and Commercial List Matters

Update from the Estates List Users Committee
by Gillian Fournie, OBA Trusts & Estates Executive member, on behalf of the Estates List Users Committee

Commissioning Affidavits During Covid-19
by Angela Casey, partner, and Lucy Goytisolo, law clerk, Casey & Moss LLP

Re: Lacroix Estate: Holograph Wills and the Doctrine of Incorporation by Reference During the Time of COVID-19
by Natalie Kodsi,  WEL Partners

WOMEN LAWYERS FORUM

April Wellness Tips - The Self-Care List
by Nandi A O Deterville

May Wellness Tips – Staying Positive During Challenging Times
by Amrita V. Singh, WLF Member-at-Large

Pandemic Productivity: Tips for Working from Home

June Wellness Tips: Adapting to Change
by Julie A. Chapman

Redefining Resilience
by Rachel Migicovsky

Coping with COVID: 4 Reasons To Take A Family Hike
by Amee Sandhu, lawyer and founder, LexIntegra

WORKERS’ COMPENSATION

Workers’ Compensation & Entitlement for Work-Related COVID-19
by Julie Weller, Matthew Dinsdale

WSIB and Working from Home: When Is a Home-Based Accident Considered to Arise in the Course of Employment?
by Cassandra Ma

Understand the Impact of COVID-related Benefits on Loss of Earnings
by Jennifer Chan, principal lawyer, JTC Litigation

Will the WSIB Grant Entitlement for a COVID-19 Vaccine?
by Cassandra Ma, Canada Post Corporation

YOUNG LAWYERS DIVISION

Working from Home with Children—from a Mom who has no idea what she’s doing
by Jill Lewis, Nelligan O'Brien Payne LLP

The Retrain of my Brain - A Sole Practitioner’s Reflections on Practising Family Law at Home During a Global Pandemic
by Ceilidh Henderson, family lawyer

Post-COVID Courts: This Young Lawyer’s Wishlist
by David Danielson

The Disparate Effects of the COVID-19 Pandemic on Tax Litigators and Tax Planners
by Milosz Zak, Farber Tax Law

What I Learned About Practice as An Articling Student and New Associate During COVID-19
by Vanessa Carment, Soloway Wright LLP

5 Things to do during Winter Quarantine to Help Advance your Career
by Marlee Olson, Blake, Cassels & Graydon LLP

Tips to Help Lawyers Avoid Stress During the COVID-19 Pandemic
by Shiva Bakhtiary, Osler, Hoskin & Harcourt LLP

Tips and Thoughts on the Virtual Trial Experience
by Malini Vijaykumar, Nelligan Law

Reflections on Working from Home During the Pandemic
by Jessica Byles

Facing a Long Winter Ahead Together: Tackling Challenges as Young Lawyers in COVID-19
by Susana May Yon Lee, Cassidy Levy Kent (Canada) LLP

COVID-19 Benefits for the Self-Employed
by Angela Ogang

COVID-19 and the Legal Volunteer: You Can Still Help Out
by Alexander Steele

Wellness Tips for Remote Work: A Review
by Tejal Harri-Morar

Weathering the COVID-19 Storm: Reflections on making a career move remotely during the pandemic
by Laura E. MacDonald

Camera On: Starting a New Job During COVID-19
by Andrea Daly, Department of Justice

Tips for Video Conferencing with Clients in a Shifting Legal Practice
by Olivia Koneval-Brown, Mann Lawyers

Top 10 Lessons We Learned in 2020 to Survive Working from Home in 2021
by Brennyn Watterton and Carolyn Poutiainen

You Can’t Pour from an Empty Cup: 3 Tips to Maintain Wellness during COVID-19
by Priya Chopra