Articles 2021

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Today

What Level of Information Does A Proponent Need To Start An Environmental Assessment?

  • January 03, 2019
  • Stan Berger

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.

Environmental Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (December 17 – 21, 2018)

  • December 24, 2018
  • John Polyzogopoulos

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.

Civil Litigation, Student Forum

Modernization of the Construction Lien Act

  • December 20, 2018
  • John Margie, Glaholt LLP and Soizic Reynal de St. Michelle, TMG Builders

A timely reference guide for navigating recent and ongoing amendments to Ontario’s Construction Act, RSO 1990, c C30.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Winmill v. Woodstock : An Insight

  • December 20, 2018
  • Ayushi Kiran, student member-at-large, OBA Civil Litigation Section

Winmill provides critical analysis of the issue of discoverability as contained in section 5(1)(a)(iv) of the Limitations Act, S.O, 2002 and the interpretation of the term “appropriate means” as used in that subsection. This article summarizes the decision, the consensus that has developed in subsequent jurisprudence and the policy implications of the decision.

Civil Litigation, Student Forum

The Safe and Supportive Schools Act

  • December 20, 2018
  • Greg Bush, associate, Miller Thomson LLP; Kennedy MacDonald, articling student, Miller Thomson LLP

A summary of proposed amendments to the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, and the Education Act contained in Bill 48, including discussion of stakeholder reactions.

Education Law, Student Forum

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

  • December 17, 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.

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

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

  • December 17, 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.

Aboriginal Law, Alternative Dispute Resolution, Natural Resources and Energy Law and 1 more..., Student Forum

Bitcoin and Bankruptcy: Implications for Canadian Insolvency Law

  • December 17, 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.

Insolvency Law, Business Law, Student Forum