Articles 2021

Aujourdʼhui
Aujourdʼhui

Blaney's Appeals: Ontario Court of Appeal Summaries (December 10 - 14, 2018)

  • 17 décembre 2018
  • John Polyzogopoulos

Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order), estates (passing accounts by an attorney under a POA), real property (termination of APS of land and 99 year leases contravening the Planning Act), security for costs, appellate jurisdiction and stay pending appeal in the context of vexatious litigants.

Litige civil, Student Forum
Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

Anishnabe N’oon Da Gaaziiwin: An Indigenous Peacemaking-Mediation Nexus

  • 17 décembre 2018
  • John Beaucage, B.A., D.Litt., Alicia Kuin, B.A., M.A., LL.M., Q.Med. and Paul Iacono, Q.C.

This article proposes a new dispute resolution "Hybrid Process" designed to support nation-to-nation building in Canada. In the past, the authors (a First Nations leader and former Grand Council Chief and two Canadian mediators) have used conventional mediation processes with First Nation People and it has not worked because mediation is not an Indigenous cultural practice. However, the Hybrid Process combines two culturally unique practices – Indigenous peacemaking and mediation.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Bitcoin and Bankruptcy: Implications for Canadian Insolvency Law

  • 17 décembre 2018
  • Adam Driedger

Cryptocurrencies have gained considerable momentum in Canada and may ultimately mature into a mainstream asset class.3 Accordingly, policymakers ought to consider the implications of Bitcoin and other cryptocurrencies on the Canadian insolvency regime. There is no Canadian jurisprudence or guiding principles dealing directly with cryptocurrencies. However, this paper examines recent American case law, and highlights some of the key issues relevant to insolvency law in Canada.

Droit des affaires, Student Forum

Amending the Amended Construction Act: Bill-57 Receives Royal Assent

  • 14 décembre 2018
  • Todd Robinson, vice-chair, Construction & Infrastructure Law Section Executive, Cassels Brock & Blackwell LLP,

Bill 57, An Act to enact, amend and repeal various statutes received Royal Assent on December 6. It amends over 45 statutes. Why should construction practitioners take note? Schedule 8 of Bill 57 amends the Construction Act, making further amendments to certain recent amendments implemented by the Construction Lien Amendment Act, 2017. The following summarizes the amendments to the amendments.

Droit de la construction et infrastructure, Student Forum

Current Trends and Emerging Issues in Student Discipline: A Ten-Year Review of Part XIII of the Education Act

  • 14 décembre 2018
  • Andrea Luey

The Education Law Section invites you to join us at Institute 2019, where you will hear from panelists offering different perspectives on the law of student discipline. This includes school administrators, school board counsel, children’s counsel, the Child and Family Services Review Board, as well as voices that examine the action and effect of the legislation through an equity lens.

Droit relatif à l’éducation, Student Forum