Articles 2021

The Ontario Court of Appeal released its recent decision in Ontario English Catholic Teachers’ Association v Ontario (Attorney General). The majority of the ONCA ruled that the Protecting a Sustainable Public Sector for Future Generations Act, 2019, known as Bill 124, was unconstitutional in so far as it applies to unionized employees.

On January 25, 2024, the OBA hosted a program exploring the use of technology in the education sector and the potential privacy implications. Co-Chaired by Danielle Douek, partner at Lerners LLP, and Christiane Saad, director of the University of Ottawa's Law Practice Program, the session brought together experts to discuss the evolving landscape of technology in education and the associated legal and practical challenges.

The Supreme Court of British Columbia recently dismissed a Plaintiff’s claim for vicarious liability against the defendant school board which had arranged for private tutoring sessions with a tutor who later sexually abused the Plaintiff.

This Divisional Court decision involves a successful motion to strike a parent’s claim against a school board for failing to disclose a reasonable cause of action and for being an abuse of process and vexatious under Rule 21.01.

An overview of the ways in which environmental, social and governance standards positively affect owners, builders, end-users, and society as a whole.

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.

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.

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.

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.

A recent decision of the Federal Court reexamined the role of federal Protection Statements under the Species at Risk Act, S.C. 2002, c 29 in protecting the habitats of migratory birds in Canada and provided guidance on the proper scope of migratory bird habitats to be protected.