Articles 2020


Practicalities of Notices of Non-Payment

  • April 24, 2024
  • Dan Fridmar

Ontario is now a little over four years into the new prompt payment requirements under the Construction Act, R.S.O. 1990, c. C.30. While there have been many articles on the written requirements set out in the new Part I.1 of the Act, not much is set in stone as far as the implementation and enforcement of these new provisions. More particularly, some members of the construction industry are finding it hard to understand and follow the requirements pertaining to Notices of Non-Payment.

Construction and Infrastructure Law, Student Forum

Unregistered Liens Withdrawn Live On: Gay Company Limited v. 962332 Ontario Inc.

  • April 24, 2024
  • Ivan Merrow and Giorgina Chum

Once lien rights are extinguished, they are extinguished forever. After a lien is first registered on title, does a withdrawal of the Claim for Lien instrument forever extinguish those lien rights? In Gay Company Limited v. 962332 Ontario Inc., 2023 ONSC 6023, survival of the claimant’s lien rights turned on this question.

Construction and Infrastructure Law, Student Forum

How a Home Construction Case Impacts on Professional Regulation in Healthcare

  • April 24, 2024
  • Anne Marshall and John McIntyre, McIntyre Szabo PC

This article is an update for health lawyers on the recent Divisional Court case in Yarco Developments Inc. v. Home Construction Regulatory Authority (Registrar) 2024 ONSC 93. It may seem odd to you at first glance that an article about a home construction case is being included in the OBA Health Law Newsletter. But trust us, it is directly relevant to the practice of health law, particularly on professional regulation and registration matters.

Health Law, Student Forum

R. v. Greater Sudbury (City) and the Defence of Due Diligence

  • April 23, 2024
  • Catherine DiMarco and Andy Balaura, Pallett Valo LLP

On November 10, 2023, the Supreme Court of Canada rendered its much-anticipated decision in the matter of R. v. Greater Sudbury (City). The decision is noteworthy in its expanding, in a significant way, the health and safety obligations of an “owner” of a construction project under Ontario’s Occupational Health and Safety Act, R.S.O., 1990, c. O.1.

Construction and Infrastructure Law, Student Forum

Common Law Environmental Remediation Claims Not Entitled to Super Priority Over Secured Creditors

  • April 23, 2024
  • Diana Weir, of counsel

On April 8, 2024, the Alberta Court of Appeal released its decision in the appeal of Qualex-Landmark Towers Inc v 12-10 Capital Corp. The Court of Appeal’s decision clarifies that the super priority of environmental remedial obligations recognized in Orphan Well Association v Grant Thornton Ltd, does not apply to private litigants, alleviating significant uncertainty for secured lenders.

Environmental Law, Student Forum

What Was Old is New Again: Proposed Changes under the Cutting Red Tape to Build More Homes Act, 2024

  • April 19, 2024
  • Peter Voltsinis, Matt Reiner, Jennifer Evola, Signe Leisk

On April 10, 2024, the Ontario government (the “Province”) introduced Bill 185: Cutting Red Tape to Build More Homes Act, 2024 (“Bill 185”), which simultaneously reintroduces and repeals prior changes to the planning and development regime in Ontario. This article provides a brief overview of these proposed legislative changes as it relates to planning and development.

Municipal Law, Student Forum

Where One Door Opens, Another Stays Open: Parallel Statutory Rights of Appeal and Judicial Reviews in Yatar v TD Insurance Meloche Monnex

  • April 19, 2024
  • Alexander Evangelista

The Supreme Court of Canada recently released its anticipated decision in Yatar v. TD Insurance Meloche Monnex, providing its latest substantial commentary on judicial review in Canada. In the face of recent pronouncements about the importance of upholding judicial economy and avoiding multiplicities of proceedings, the Court endorsed the opportunity for parties to proceed with parallel statutory rights of appeal and judicial review.

Student Forum, Young Lawyers' Division

Proposed Amendments to Ontario’s Excess Soil Laws

  • April 19, 2024
  • Matthew Gardner, Partner at Willms & Shier Environmental Lawyers LLP

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario.

Real Property Law, Student Forum
head-shot photo of author Yicheng Ru

Adapting Australian Labour Law Innovations: Lessons for Ontario from the Secure Jobs, Better Pay Act 2022

  • April 18, 2024
  • Yicheng Ru, JD candidate, University of Ottawa

The Fair Workplaces, Better Jobs Act in Ontario and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act in Australia aim to bolster labour standards and safeguard workers. Australia's amendment strengthens flexible work rights and dispute resolution, addressing work-life balance, gender equity and legal protection. Ontario can learn from Australia's reforms to improve its own labour laws.

Student Forum