Articles

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

Editor: Yoann Emian

Today
Today

Pass Herald v. Google LLC: In Search of a Fair Return

  • June 13, 2024
  • Aryan Ziaie

This article reviews Pass Herald v. Google LLC, 2024 FC 305, in which the Federal Court of Canada approved a litigation funding agreement in a proposed competition class action and refused to impose a cap on the combined recovery of class counsel and the funder, despite the defendants’ suggestions that it do so.

Class Actions, Student Forum

No Loss, No Negligence: Ontario Court of Appeal Reaffirms that Compensable Loss Remains an Essential Component to Recovery in Negligence

  • June 13, 2024
  • Pavel Sergeyev

This article summarizes Palmer v. Teva Canada Inc., 2024 ONCA 220, in which the Ontario Court of Appeal reaffirmed that the need to plead and prove concrete injury remains an “essential component to recovery” in negligence and that product liability claims cannot generally be sustained based solely on: (a) the potential increased risk of future harm; (b) bare allegations of psychological harm; and/or (c) pure economic losses, such as out-of-pocket costs for medical services and monitoring.

Class Actions, Student Forum

Case Summary: Lochan v. Binance Holdings Limited, 2024 ONSC 2302

  • June 13, 2024
  • Jessica Marshall

This article summarizes Lochan v. Binance Holdings Limited, 2024 ONSC 2302, in which the Ontario Superior Court of Justice granted certification of the first Canadian class action against a cryptocurrency platform for the illegal trading and distribution of securities.

Class Actions, Student Forum
illustration of barbara findlay wearing court robe with pride-flag cape standing beside an open law book

The “Lesbian Lawyer”: barbara findlay, K.C.

  • June 12, 2024
  • Tamara J. Sylvester (one/they/them)

The courtroom is not where one expects to encounter a superhero. Lawyers, even the great ones, have yet to inspire such a characterization, in fiction or in fact. Until now! barbara findlay KC has earned the right to be revered as such. After all, a superhero, simply put, is a human being who uses their unique abilities to make the world a more just and humane place. barbara wields her pride in her lesbian identity as a superpower to achieve equal rights and justice for the 2SLGBTQ+ Community.

Sexual Orientation and Gender Identity Law, Student Forum

Yatar and the Problem of Concurrent Proceedings

  • June 10, 2024
  • Ted Brook

The Supreme Court of Canada released its decision in Yatar v. TD Insurance Meloche Monnex in March of this year and the Ontario Divisional Court has already begun grappling with the procedural fallout. In a unanimous decision, the Supreme Court rejected the Divisional Court’s approach to streamlining the concurrent applications for judicial review and statutory appeals that frequently appear on its docket.

Environmental Law, Student Forum