Articles 2020

The CBA has been actively working towards undoing the injustice done to late Justice Gerald Le Dain. Addressing mental concerns of legal professionals is the need of the hour. In fact, the Law Society of Ontario’s Mental Health Strategy Task Force has included mental health initiatives as a strategic priority for the 2015-19 governing term.

There was only one substantive civil decision, Lauzon v Fortier, a family law decision. The Court refused to interfere with the trial judge’s exercise of discretion that the husband be paid his equity by the wife immediately (even if that meant the wife might have to sell the matrimonial home), and that the husband make his equalization payment to his wife by way of a spousal rollover of his pension.

Solo practice is increasingly the preferred alternative for the millennial lawyer.

If you are a professional providing some kind of service to the public, you may come across a couple of clients who may ruin your day. If you are a lawyer, it is very possible that through the course of your practice you will eventually have to deal with some clients who are unreasonable, demanding, un-cooperative and overall difficult.

Highlights from the December 11, 2018 Brown Bag Lunch including a discussion about the appeal of Re Milne, argued on December 11, 2018, difficulties members have experienced obtaining a status certificate, drafting issues with respect to providing for beneficiaries under disability and RDSPs, and issues with respect to the beneficiaries of pension plans and insurance trusts.

Ontario Bill 57, Administrative Penalties Guideline, Draft RPP Newsletter and Federal Consultations on BIA and CCAA Reform

This article provides an overview of the limitations of the Cap and Trade Cancellation Act, 2018 (the “CTCA”) and recommendations for its implementation in 2019 and beyond. It discusses the public consultation process leading to the enacted CTCA as well as the Ministry of Environment, Conservation and Parks’ compliance with the Environmental Bill of Rights.

What level of information does a proponent need to start an EA? This question was addressed in Carhoun and Sons Enterprises ltd. v Canada (Attorney General) . A regulatory authority has considerable discretion when exercising its decision-making authority to issue authorizations under the CEAA when a project proposal is submitted. Early referral of an incomplete application would mean completed applications would have to await processing of incomplete applications to their detriment.

The Court released a great number of decisions this week, some of them quite lengthy. In Das v George Weston Limited, the Court of Appeal upheld a decision of Justice Perrell in which His Honour had dismissed as disclosing no reasonable cause of action a $2 billion class action against Loblaws in relation to the tragic 2013 collapse of the Rana Plaza building in Savar, Bangladesh.