Submissions 2023


Provincial Government

Public Access to Virtual Proceedings: Ensuring Open Courts

  • October 26, 2023

The open court principle (and established exceptions) should be applied equally, regardless of the mode of proceedings. The public should not have to provide identifying information to receive a Zoom link. Use tech solutions to mitigate risk rather than restricting public access.

Constitutional, Civil Liberties and Human Rights Law, Civil Litigation, Criminal Justice and 5 more..., Child and Youth Law, Family Law, Insurance Law, Entertainment, Media and Communications Law, Public Sector Lawyers

Provincial Government

A Permanent Framework for Target Benefits – MEPPs

  • October 18, 2023

Comments focus on removing the requirement that administrators provide notice of registration in some cases, removing the prohibition against the use of surplus in the first valuation report, and the need for clarification on restoring previously accrued benefits for former members.

Labour and Employment Law

Provincial Government

Vexatious Litigant Order: Procedural Framework

  • October 17, 2023

OBA supports: amending the Rules and the CJA s 140 to allow vexatious litigant orders to be obtained by motion (in addition to application) and on a judges own initiative; creating additional pathways for expedited access to the courts to pre-empt VL litigation; and creating a list of hallmarks of VLs to provide additional clarity and consistency. Special consideration needs to be given to the VL in Family Law matters.

Administrative Law, Civil Litigation, Construction and Infrastructure Law and 6 more..., Criminal Justice, Family Law, Health Law, Insurance Law, Labour and Employment Law, Trusts and Estates Law

Provincial Government

Proposed Guidance: Pension Plan Administrator Roles and Responsibilities

  • October 13, 2023

The OBA recommends a principles-based approach must be flexible enough to account for different Plan characteristics. Similarly, it is the OBA’s view that a Guidance document should clearly distinguish requirements from "good or best practices”.

Labour and Employment Law

Law Society of Ontario

Supporting Continuation of the Certified Specialist Program and Ongoing LSO Oversight

  • August 30, 2023

The CSP is an important and reliable indication to members of the public that verifies a lawyer’s expertise. It promotes access to justice and is important in promoting EDI. The CSP should be expanded to other areas, and remain under the supervision of the LSO.

Aboriginal Law, Administrative Law, Alternative Dispute Resolution and 38 more..., Insolvency Law, Business Law, Constitutional, Civil Liberties and Human Rights Law, Charity and Not-For-Profit Law, Civil Litigation, Class Actions, Competition Law, Construction and Infrastructure Law, Canadian Corporate Counsel Association - Ontario Chapter, Criminal Justice, Child and Youth Law, Education Law, Elder Law, Environmental Law, Family Law, Women Lawyers Forum, Franchise Law, Sole, Small Firm and General Practice, Health Law, Citizenship and Immigration Law, Insurance Law, International Law, Labour and Employment Law, Law Practice Management, Entertainment, Media and Communications Law, Municipal Law, Natural Resources and Energy Law, Pensions and Benefits Law, Privacy Law, Public Sector Lawyers, Real Property Law, Sexual Orientation and Gender Identity Law, Student Forum, Taxation Law, Information Technology and Intellectual Property Law, Trusts and Estates Law, Workers' Compensation, Young Lawyers' Division

Provincial Government

OBA Submission re: Consumer Protections Related to New Home Purchase Agreements and Price Escalations

  • August 11, 2023

The OBA provides guidance and comments to the government on proposals to address price escalations and to improve consumer protections in new home purchase agreements post-sale. The submission speaks to proposals that include potential caps to price increases, adding a cooling-off period, permitting class actions, and mandatory legal review of purchase and sale agreements.

Business Law, Construction and Infrastructure Law, Real Property Law

Input into the Proposed Approach for Regulations under the Building Ontario Businesses Initiative Act, 2022

  • August 03, 2023

The OBA provides guidance and comments to the government on the proposed approach to be taken for requiring public-sector entities to give preference to Ontario businesses in the procurement of goods and services under specified threshold amounts.

Business Law, Charity and Not-For-Profit Law, Construction and Infrastructure Law and 2 more..., Health Law, International Law