Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Victoria Shariati

Today
Today

Property “Owners” May Constitute “Employers” Under Ontario’s Occupational Health and Safety Act

  • February 20, 2024
  • Diana Pegoraro, Torys LLP

In R. v. Sudbury Greater Sudbury (City), the Supreme Court of Canada expanded a property owner’s potential legal liability with respect to a construction project at its property, four justices finding that a property owner can breach its obligations as an “employer” under Ontario’s Occupational Health and Safety Act (the “OHSA”) even where another party has expressly agreed to be the constructor pursuant to a written agreement with the property owner.

Real Property Law, Student Forum

Lessons from Modabber v. Kermanshahan

  • February 15, 2024
  • Justyna Waxman, Torkin Manes LLP

Recommended tips for lawyers on the importance of civility and professionalism.

Family Law, Student Forum
head-shot photo of author Kathleen Broschuk

Occupation Rent is Not an Exceptional Remedy in Ontario

  • February 15, 2024
  • Kathleen Broschuk, Jamal Family Law

In Chhom v Green, the Court of Appeal recently affirmed that occupation rent is not an exceptional remedy in Ontario. Litigants should consider the impact of delay on a growing occupation rent claim along with amounts being paid by each party to maintain the property.

Family Law, Student Forum

Non-Family Law Statutes that Family Lawyers Need to Know: The Partition Act

  • February 15, 2024
  • Maryellen Symons, Symons Law

Besides the numerous statutes, regulations, and rules dealing specifically with family law, family lawyers need to be acquainted with some legislation of general application that we may not think of in connection with a family law case. This article is a brief introduction to the Partition Act, RSO 1990, c P.4.

Family Law, Student Forum
photo of authors Karen Jia and Alexandra Carr

The Dilemma of Practice Directions – good intentions, but?

  • February 15, 2024
  • Karen Jia and Alexandra Carr, Lenkinski, Hooper & Carr LLP

The evolution and implementation of practice directions in Ontario have been marked by good intentions. However, despite their evident merits, the implementation of practice directions encounters substantial resistance and confusion in practice, perhaps due to issues of decentralization, lack of uniformity, and potential conflicts with rules of procedure. Is there a solution?

Family Law, Student Forum