Articles 2021

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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

Amending the Amended Construction Act: Bill 57 Receives Royal Assent

  • December 14, 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.

Construction and Infrastructure Law, Student Forum

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

  • December 14, 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.

Education Law, Student Forum