Articles

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

Editor: Sairam Sanathkumar

Today
Today

Does Bill C-28, the Proposed Strengthening Environmental Protection for a Healthier Canada Act, Address the Need for Changes to the Canadian Environmental Protection Act to Protect Canadians and Communities from the Threats Posed by Toxic Chemicals?

  • July 13, 2021
  • David McRobert and Angela Dittrich

This article examines various regulatory reforms to strengthen the Canadian Environmental Protection Act (CEPA) that Canadian environmental groups, public health advocates, occupational health experts and Indigenous organizations have advocated for since the mid 2000s. It focuses on reforms to protect vulnerable individuals and communities from toxic substances.

Environmental Law, Student Forum

Court of Appeal Summaries (July 2-9)

  • July 12, 2021
  • John Polyzogopoulos

Following are this week’s summaries of the Court of Appeal for Ontario for the week of July 5, 2021. Topics covered this week included civil forfeiture of proceeds of unlawful activity, regulated professions, family law, breach of fiduciary duty in a partnership context, and stay pending appeal to the Supreme Court of Canada.

Civil Litigation, Student Forum

Court of Appeal Summaries (June 28-30)

  • July 05, 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the short week of June 28 to 30, 2021. If there are any decisions released on Friday, July 2, our summaries of those decisions will be included with our posting of summaries for the week of July 5.

Civil Litigation, Student Forum

Policy, Not Law: The Divisional Court Discusses the Clergy Principle

  • July 03, 2021
  • Denise Baker and Lia Boritz

On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation, which discusses the Clergy principle, as well as the jurisdiction of the Divisional Court to review decisions of the Local Planning Appeal Tribunal (“LPAT”).

Municipal Law, Student Forum

Court of Appeal Summaries (June 21 - 25)

  • July 03, 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 21, 2021.

Civil Litigation, Student Forum

Superior Court Decisions Depart from Calmusky

  • July 03, 2021
  • Laura Cardiff, Casey & Moss

Two recent Superior Court judges depart from the court's ruling in Calmusky that a beneficiary designation is subject to the presumption of resulting trust.

Student Forum, Trusts and Estates Law

Will the WSIB Grant Entitlement for a COVID-19 Vaccine?

  • July 03, 2021
  • Cassandra Ma, Canada Post Corporation

What happens when a worker receives a COVID-19 vaccine as a mandatory requirement of their employment and suffers a series and unexpected reaction? Cassandra Ma summarizes WSIB's new guidelines on the adjudication of COVID-19-related benefits.

Student Forum, Workers' Compensation

Ministry of the Environment, Conservation and Parks Consultation on Environmental Compliance and Development Guidelines

  • July 03, 2021
  • Aaron Kurts, Katarzyna Sliwa, Leighton Zink, Dentons

The Ministry of the Environment, Conservation and Parks (MECP) is consulting on four new initiatives, including new guidelines and measures aimed at ensuring compliance with key environmental laws relevant to the development industry. These laws and initiatives are applicable to the land use planning process, affecting municipal decision-making, development guidelines and penalties for non-compliance. The four initiatives are summarized, and their impact analyzed, in this article.

Municipal Law, Student Forum