Articles

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

Editor: Victoria Shariati

Today
Today
photo of author Darina Mishiyev

Referral of Lien Actions to Small Claims Court

  • January 10, 2023
  • Darina Mishiyev, Senior Law Clerk, Margie Strub Construction Law LLP

Referral of lien actions to the Small Claims Court is a new process that is now available to the parties if the lien action is for an amount that is within the monetary jurisdiction of the Small Claims Court. The author created this very useful step-by-step guide that describes the transition of a lien action from the Superior Court of Justice to the Small Claims Court once the matter is referred to the Small Claims Court Deputy Judge.

Construction and Infrastructure Law, Student Forum
photo of author Chad Kopach

New Guidance on Jurisdiction Arguments for Adjudications

  • January 10, 2023
  • Chad Kopach, Partner at Blaney McMurtry LLP

In this article, the author discusses the Divisional Court’s confirmation that adjudicators can determine their own jurisdiction, and the Court’s discussion on whether abandoning or terminating a contract means the contract has “ceased to exist."

Construction and Infrastructure Law, Student Forum
photo of co-author Paul Conrod

Adjudicating Adjudications: A Review of Case Law on Construction Act Adjudications from 2022, Lessons Learned, and Unanswered Questions

  • January 10, 2023
  • Paul Conrod, Faren Bogach, and James De Melo of Construct Legal

This article discusses three recent Ontario court cases in the developing area of Construction Act adjudications, as well as some unanswered questions and lessons learned from the cases and the authors’ own experiences with adjudications so far.

Construction and Infrastructure Law, Student Forum
Photo of author Lindsay Carbonero

New Healthcare Accessibility Standard: Implications for the Health Sector and Healthcare Professionals

  • January 10, 2023
  • Lindsay Carbonero

The Accessibility for Ontarians with Disabilities Act, 2005 (the "AODA") was enacted with the goal of creating an accessible Ontario by 2025. In 2017, the Health Care Standards Development Committee was asked to develop recommendations for a new accessibility health care standard. The Committee recently published their final recommendations, with broad implications on the health care sector.

Health Law, Student Forum

Foreign Property Buyer Tax Traps: Taxable Trustees and Resulting Trusts

  • January 05, 2023
  • Milosz Zak, BDO Law LLP

Applicable to contractual obligations arising or assumed as of January 1, 2023, pursuant to the Federal Prohibition on the Purchase of Residential Property by Non-Canadians Act, (the “Federal foreign buyer ban”) non-Canadian citizens, non-permanent residents, and others deemed to be “non-Canadian” have been barred from purchasing residential property across Canada for two years.

Student Forum, Taxation Law

Going and Growing Solo: Tips from the Moguls for Starting your own Firm

  • January 04, 2023
  • Nancy Sarmento Barkhordari

A mentor once told me that he knew it was time to do his own thing when he grew to dislike the colour of the walls at the firm where he worked. At that instant, he wanted to change everything about where and how he worked. He wanted to choose the colour of the walls in his office. He wanted to call the shots; he wanted to work for himself. My mentor is not alone. Here are practical tips from lawyers who have gone out on their own and found incredible success in establishing their own firms.

Student Forum, Young Lawyers' Division

Estate Planning for Millennials and Gen Z: Tips from Practitioners

  • January 04, 2023
  • Demetre Vasilounis, Fasken Martineau DuMoulin LLP

A proper estate plan is just as important for Millennial and Gen Z individuals as it is for older generations. However, Millennial and Gen Z clients may have unique estate planning considerations, including non-traditional assets such as cryptocurrency or collections. Some aspects of an individual’s relationships or sexuality may also require special attention in creating an estate plan. Demetre Vasilounis reviews some of these factors as discussed at a recent CPD program.

Student Forum, Trusts and Estates Law