Articles

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

Editor: Yoann Emian

Today
Today

Let’s Talk About Imposter Syndrome in the Legal Profession

  • October 22, 2020
  • Thijiba Sinnathamby

An estimated 70 per cent of people experience feeling like an imposter at some point in their lives. While imposter syndrome affects everyone, women and in particular, Black, Indigenous and People of Colour (“BIPOC”) women are uniquely affected by imposter syndrome. 

Women Lawyers Forum, Student Forum

Government of Canada Announces Proposed Regulations for Single-Use Plastics

  • October 21, 2020
  • Richard J. King, Jennifer Fairfax, Patrick G. Welsh, and Isabelle Crew

The Federal Government has recently announced proposed regulations for single-use plastics. From a plastics ban, to recycled content requirements, to extended producer responsibility schemes, this article provides a high-level overview of the proposed measures being contemplated by the Federal Government, and outlines next steps for stakeholders that may be impacted by them.

Environmental Law, Student Forum

Whither the Canadian Federal Government’s Proposed Plastics Regulatory Plan? Will the public and the provinces support federal government efforts to ban and regulate single-use and other plastics in the wake of COVID-19?

  • October 21, 2020
  • David McRobert

On Oct. 7, 2020, federal Environment and Climate Change Minister Jonathan Wilkinson announced the federal government would draft regulations to add “plastic manufactured items” to the Schedule 1 list of toxic substances under the Canada Environmental Protection Act (CEPA) by December 2021. This article looks at various aspects of the proposed federal plastics regulatory plan, including potential complications arising from the public and provinces.

Environmental Law, Student Forum
How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

  • October 21, 2020
  • David McRobert, Dana Jordan and Meghan Ostrum

The COVID-19 pandemic has highlighted how a health and related economic crises can block or significantly delay carefully crafted legal and regulatory responses to environmental problems. In the wake of concern about rapid transmission of COVID-19, public health officials, the health care sector, and the plastics industry (and the food and beverages sector) are exerting considerable pressure to relax efforts to regulate plastics and phase-out single use plastics (SUPs).

Environmental Law, Student Forum

Court of Appeal Summaries (October 13 – October 16, 2020)

  • October 20, 2020
  • John Polyzogopoulos

There were only two substantive civil decisions release by the Court of Appeal for Ontario this past week. Both related to the enforcement of settlements, one of a debt, the other of a medmal claim.

Civil Litigation, Student Forum

Not Waiving, but Drowning: Supreme Court of Canada Kills Waiver of Tort as an Independent Cause of Action

  • October 20, 2020
  • Suzanne Chiodo, assistant professor, Western Law

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp Inc v Babstock, released on July 24, 2020, the Supreme Court of Canada killed off the concept once and for all. What is waiver of tort, how did it arise in this case, and why its sudden demise?

Class Actions, Student Forum

Does Your Client Need a Court Order in a Charitable Matter? Maybe the OPGT Can Help

  • October 19, 2020
  • Charitable Property Program of the Office of the Public Guardian and Trustee

First published in 2014 by the Charitable Property Program of the Office of the Public Guardian and Trustee, this article has been updated and provides guidance on how to obtain a court order in connection with certain charitable matters.

Charity and Not-For-Profit Law, Student Forum

Understand the Impact of COVID-related Benefits on Loss of Earnings

  • October 19, 2020
  • Jennifer Chan, principal lawyer, JTC Litigation

The government's response to COVID-19 has been, thankfully, to create various benefits for suffering workers. The result, however, is potential overlap of compensation schemes that leave employees confused and in danger of "double dipping." This article discusses one area of overlap: receipt of COVID-19 benefits and Loss of Earnings (LOE) benefits for injured workers.

Student Forum, Workers' Compensation

A Deeper Dive on the New Wishart Act Amendments

  • October 19, 2020
  • Dominic Mochrie, partner, Osler, Hoskin & Harcourt LLP, and Christine Jackson, associate, Osler, Hoskin & Harcourt LLP

Long-awaited amendments to Ontario's Arthur Wishart Act have now come into force. This article highlights the new amendments and provides insight into their interpretation and potential impact.

Franchise Law, Student Forum

Ontario's Patient Ombudsman Released Special Report on Long-Term Care

  • October 16, 2020
  • Carina Lentsch, ACL Law

Earlier this month, Ontario’s Patient Ombudsman released a special report, Honouring the voices and experiences of Long-Term Care Home residents, caregivers and staff during the first wave of COVID-19 in Ontario (the "Report"), calling for major changes to prevent further tragedies in the Province's Long-Term Care sector during the second wave of the COVID-19 pandemic.  

Health Law, Student Forum