Articles 2021

Aujourdʼhui
Aujourdʼhui

Ontario Divisional Court Interprets Committee of Adjustment Procedural Requirements for Participants

  • 22 février 2024
  • Caroline Jordan and Matthew Lakatos-Hayward

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.

Droit municipal, Student Forum
head-shot photo of author Anastassia Trifonova

Quebec Draft Regulation Under Bill 96

  • 21 février 2024
  • Anastassia Trifonova

An update on the recently published regulations with respect to Bill 96 in Quebec, from the Ontario perspective (for businesses that also operate in QC).

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Property “Owners” May Constitute “Employers” Under Ontario’s Occupational Health and Safety Act

  • 20 février 2024
  • Diana Pegoraro, Torys LLP

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.

Droit immobilier, Student Forum

Lessons from Modabber v. Kermanshahan

  • 15 février 2024
  • Justyna Waxman, Torkin Manes LLP

Recommended tips for lawyers on the importance of civility and professionalism.

Droit de la famille, Student Forum
head-shot photo of author Kathleen Broschuk

Occupation Rent is Not an Exceptional Remedy in Ontario

  • 15 février 2024
  • Kathleen Broschuk, Jamal Family Law

In Chhom v Green, the Court of Appeal recently affirmed that occupation rent is not an exceptional remedy in Ontario. Litigants should consider the impact of delay on a growing occupation rent claim along with amounts being paid by each party to maintain the property.

Droit de la famille, Student Forum

Tackling the Problem of AI “Revenge Porn” in Canada: existing law and upcoming legislative reform

  • 15 février 2024
  • Mavra Choudhry, Shalom Cumbo-Steinmetz (Torys LLP)

This article examines how existing law and upcoming legal reforms can be applied to address AI revenge porn. So far, the law has been slow to respond, though federal AI legislation on the horizon aims to regulate organizations that develop AI systems and make them available for use.

Droit de la protection de la vie privée, Student Forum

Non-Family Law Statutes that Family Lawyers Need to Know: The Partition Act

  • 15 février 2024
  • Maryellen Symons, Symons Law

Besides the numerous statutes, regulations, and rules dealing specifically with family law, family lawyers need to be acquainted with some legislation of general application that we may not think of in connection with a family law case. This article is a brief introduction to the Partition Act, RSO 1990, c P.4.

Droit de la famille, Student Forum
photo of authors Karen Jia and Alexandra Carr

The Dilemma of Practice Directions – good intentions, but?

  • 15 février 2024
  • Karen Jia and Alexandra Carr, Lenkinski, Hooper & Carr LLP

The evolution and implementation of practice directions in Ontario have been marked by good intentions. However, despite their evident merits, the implementation of practice directions encounters substantial resistance and confusion in practice, perhaps due to issues of decentralization, lack of uniformity, and potential conflicts with rules of procedure. Is there a solution?

Droit de la famille, Student Forum