Articles 2020


Summary of What You Missed While You Were Away: Summer 2021 Tax Developments

  • 19 octobre 2021
  • Jingcai Ying, JD Candidate, Class of 2023, Osgoode Hall Law School

This year's annual What You Missed While You Were Away program was organized and chaired by Lisa Watzinger and Hennadiy Kutsenko with presenters Joan Jung, Lesley L’Heureux, and Christopher Anderson.

Student Forum, Droit fiscal

Saskatchewan Court Denies Certification and Strikes Claim where Representative Plaintiff and Lawyer Sought to Profit from Class Members they Sought to Represent

  • 18 octobre 2021
  • Michael Tersigni, Keel Cottrelle LLP

In a recent decision of the Saskatchewan QB, the Court refused to certify an action and struck the claim in its entirety. The Court took issue with the behaviour of Plaintiffs’ counsel, including his acceptance of fees solicited from putative class members without court approval, noting that the fee arrangement between the proposed representative plaintiffs’ and Plaintiff's counsel created an “obvious and untenable” conflict giving rise to divided loyalties, thereby rendering counsel unsuitable.

Droit des recours collectifs, Student Forum

Divisional Court Confirms Environmental Significance of Ministerial Zoning Orders and Importance of Consultation under the Environmental Bill of Rights, 1993

  • 18 octobre 2021
  • Talia Gordner, Annik Forristal, and Kailey Sutton

Learn about the recent decision of Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks) which has confirmed the potentially significant environmental impact of the use of Ministerial Zoning Orders as well as the government’s obligation to closely consider whether public consultation is required under the Environmental Bill of Rights, 1993 prior to the enactment of proposed legislation or policy.

Droit de l’environnement, Student Forum

The Overview You Have “Bin” Waiting For: The New Blue Box Program Shifts Accountability on to Producers

  • 18 octobre 2021
  • Susan Fridlyand

The new Blue Box Regulation came into force on June 3, 2021. This regulation shifts the responsibility of operating and paying for Ontario’s recycling program on to Producers of Blue Box Materials. The transition will take place between July 1, 2023 and December 31, 2025; however, there are important registration requirements effective as of this year to be aware of, as detailed below.

Droit de l’environnement, Student Forum
Ontario’s Binding Judicial Dispute Resolution Pilot Project – Crossing the Rubicon or the Camel’s Nose? Does it make a difference?

Ontario’s Binding Judicial Dispute Resolution Pilot Project – Crossing the Rubicon or the Camel’s Nose? Does it make a difference?

  • 18 octobre 2021
  • Joel Miller

With Binding Judicial Dispute Resolution we now have a “streamlined way to reach a final resolution of less complex family law cases” using “less formal processes” in which a judge may “ask questions and request additional information” and hear anything that they consider important and relevant … regardless of the formal rules of evidence. This is a big deal.

Droit de la famille, Student Forum

Court of Appeal Summaries (October 4-8, 2021)

  • 18 octobre 2021
  • John Polyzogopoulos

Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of October 4, 2021. There were ten substantive civil decisions this week.

Litige civil, Student Forum

Exiting the BIA NOI Process Without a Proposal: Court Approves Company’s Withdrawal of Proposal After Return to Solvency

  • 14 octobre 2021
  • Joël Turgeon, Goldman Sloan Nash & Haber LLP

Following the refinancing and repayment of first-ranking debt during a restructuring under the BIA, one of the subsidiaries in the debtor group, Down Under Pipe and Cable Locating Ltd., was solvent again, its only remaining creditor being a related party. Despite its return to solvency, Down Under still faced bankruptcy since the BIA prevents related parties from voting in favour of proposals.

Droit de l’insolvabilité, Student Forum

Your Comprehensive Guide to Will Challenges (Part 2 of 6): Gathering the Evidence and Establishing the Grounds

  • 13 octobre 2021
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

In a Will challenge, it is essential to understand which party bears the burden of proof on which issues, and in what circumstances. It is equally important to understand what kind of evidence will be needed, and the sources of evidence. In part two of this series of articles, Charlotte Hobson shares some information in this regard as imparted at the second session of a recent CPD program dealing with Will challenges.

Student Forum, Droit des fiducies et des successions