Articles 2021

The article discusses the Supreme Court of Canada's recent decision in Reference re An Act respecting First Nations, Inuit and Métis children, youth and families.

In this article, Gosha Sekhon highlights takeaways from the Family Dynamics plenary of the OBA’s 2024 Ontario Legal Conference, reminding us to get context around a client’s instructions, that experiencing the death of a family member can be a form of trauma, that all human beings see the world through their own unique lens and being a lawyer does not change that, and more.

On February 2, 2024, the Supreme Court of Canada ruled that Ontario Premier Doug Ford’s mandate letters issued to his cabinet ministers in 2018 are exempt from public disclosure.

On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death.

In January 2024, the Electrification and Energy Transition Panel released a much-anticipated report titled Ontario's Clean Energy Opportunity, outlining 29 recommendations for Ontario to manage and prosper in the clean energy transition path successfully.

Smart devices have transformed how we engage with technology in our daily lives, for various purposes such as home security, organization, communication, and entertainment. Despite overwhelming use, IoT devices are not inherently secure – and the lack of security can, in part, be exacerbated due to a user’s tech hygiene. This article explores best practices for promoting a cybersecure landscape in Canada.

On December 20, 2023, the Federal Court published the Amended Consolidated General Practice Guidelines. This article provides a summary of key amendments and some friendly reminders from previous practice directions, including guidance on filing electronic records, virtual commissioning, and mode of hearing.

On October 23, 2023, the Ontario Divisional Court (the “Divisional Court”) issued its decision in Loeb v. Toronto (City) (the “Decision”). The Divisional Court made several findings with respect to the standing of third-party participants in a minor variance application to seek judicial review from Committee of Adjustment decisions and opined on the level of fairness owed to participants in a minor variance hearing.

In R. v. Sudbury Greater Sudbury (City), the Supreme Court of Canada expanded a property owner’s potential legal liability with respect to a construction project at its property, four justices finding that a property owner can breach its obligations as an “employer” under Ontario’s Occupational Health and Safety Act (the “OHSA”) even where another party has expressly agreed to be the constructor pursuant to a written agreement with the property owner.