Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Yoann Emian

Today
Today

When is a Notice of Rescission a Notice of Rescission?

  • July 30, 2020
  • Rory McGovern and Daniel Freiheit

In 2352392 Ontario Inc. v. Msi, the Ontario Court of Appeal delivered a significant decision that will impact the application of Section 6(3) of the Arthur Wishart Act. The decision, technically read, allows court pleadings to constitute a valid notice of rescission under the Act.  However, the principles applied by the Court of Appeal shed light, more broadly, on a new level for how the Act will be interpreted in favor of franchisees.

Franchise Law, Student Forum

The Changing Face of Regulation: Notes and Reflections

  • July 21, 2020
  • Alec Angle

On June 25, 2020, the OBA welcomed Rebecca Durcan of Steinecke Maciura LeBlanc and Srikanth Mangalam of the PRISM Institute for a videoconference entitled The Changing Face of Regulation: Understanding the Impact of the Crisis on Regulatory Law. Moderated by Margaret Drent, Strategic Policy Counsel at the Law Society of Ontario, the program provided a useful moment of reflection as the regulatory community begins to absorb the lessons learned from COVID-19.

Public Sector Lawyers, Student Forum

Construction Trusts Can Apply to Funds Received by CCAA Monitor: the Court of Appeal’s Decision in Urbancorp

  • July 16, 2020
  • Laura Brazil, Stephen Brown-Okruhlik and Matti Thurlin

In a recent decision in Urbancorp Cumberland 2 GP Inc. (Re) (“Urbancorp”), the Court of Appeal held that statutory trusts can arise under the Construction Act over sale proceeds received by a court officer in a court-supervised sale process under the Companies’ Creditors Arrangement Act (“CCAA”). The decision also limited the application of the Court of Appeal’s earlier decision in Re Veltri Metal Products Co.

Insolvency Law, Student Forum

Local Planning Appeal Tribunal - Proposed Interim Hearing Format

  • July 16, 2020
  • Christie Gibson and Andrea Wilson-Peebles

Links to the following resources provided by the LPAT are contained in this article: 1. Video Hearing Guide; 2. Sample Procedural Order for Video Hearings; and 3. Acknowledgment of Expert's Duty Form.

Municipal Law, Student Forum
Mandatory Mediation in Ontario: Taking Stock After 20 Years

Mandatory Mediation in Ontario: Taking Stock After 20 Years

  • July 16, 2020
  • Jennifer L. Egsgard

For nearly 20 years mediation has been required in most civil litigation proceedings in Toronto, Ottawa and Windsor through the Ontario Mandatory Mediation Program. Twenty years later, it is worth taking stock of the program: why and how was it introduced, how has it changed, and what do Ontario lawyers think of mandatory mediation now?

Alternative Dispute Resolution, Student Forum

The Impact of High Conflict Family Law Lawyers on Separating Families

  • July 09, 2020
  • Steve Benmor

This article starts with an historical tour of how family law used to be practiced, and how it has changed since the introduction of the Family Law Rules. For some, ahem, older counsel, this will be a trip down memory lane, but for many Steve’s portrait will be completely foreign. Imagine practicing family law without the Rules! This article reminds us all that, despite the Rules now in place, counsel must constantly be aware of their own actions and how they may affect a family law case.

Family Law, Student Forum

Access to Justice Challenges: COVID-19 and Support Obligations (Part 2 of 2)

  • July 09, 2020
  • Vanessa Lam

Part 2 of Vanessa Lam's two-part series delves into how the courts have actually been dealing with applications to change support during the pandemic. Vanessa’s work includes information on how the government has acted during this time of uncertainty where reduced incomes in one household may be relied upon by another household to provide support at the same or similar pre-pandemic levels.

Family Law, Student Forum