Articles

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

Editor: Yoann Emian

Today
Today

Accelerated Development with the Risk of Environmental Violations

  • October 30, 2023
  • Aditi Kara

To meet the growing housing demands, the Ministry of Environment, Conservation and Parks has been undertaking extensive consultation regarding amending regulations for the Environment Protection Act and the Ontario Water Resource Act concerning dewatering construction sites ending on October 30, 2023. A closer examination of the proposed regulations reveals gaps that will inevitably lead to violations of environmental law.

Environmental Law, Student Forum
photo of Alexandria Pike

Environmental Law Section Interview Series: Featuring Alexandria Pike

  • October 27, 2023
  • Alegria Rosales

Welcome to Issue No. 1 of the Environmental Law Section Interview Series. Our first guest is Alexandria Pike, partner at Davies. Alexandria shared interesting information about her background, interests, career path and perspective regarding the environmental law practice. We thank her for her time and candid responses. Check it out and enjoy the reading.

Environmental Law, Student Forum

Mineral Claims, the Duty to Consult and UNDRIP: Findings in the Gitxaala Case

  • October 27, 2023
  • Brianne Paulin, associate, Aldridge + Rosling LLP

This article provides a brief overview of the decision of the BC Supreme Court in Gitxaala v. British Columbia (Chief Gold Commissioner). The Court found that the province of BC owes a duty to consult to potentially affected Indigenous peoples prior to granting mineral claims under the Mineral Tenure Act. The Court also found that the Declaration on the Rights of Indigenous Peoples Act did not implement the United Nations Declaration on the Rights of Indigenous Peoples in BC.

Environmental Law, Natural Resources and Energy Law, Student Forum

Supreme Court of Canada Holds Designated Projects Scheme Under the Impact Assessment Act is Unconstitutional

  • October 27, 2023
  • Joanna Rosengarten, Matthew Lakatos-Hayward, Cristin Hunt

On October 13, 2023, the Supreme Court of Canada (SCC) released its advisory decision regarding the constitutionality of the federal government’s environmental assessment (EA) regime in Reference re Impact Assessment Act. A majority of the SCC found that much of the federal government’s Impact Assessment Act (the “Act”) and the Physical Activities Regulations ( the “Regulations”) under the Act are unconstitutional.

Environmental Law, Student Forum

Beneficiary Designations: Pillar One of Potentially Perilous Estate Planning Strategies

  • October 16, 2023
  • Blair L. Botsford, O’Sullivan Estate Lawyers

Beneficiary designations can be a useful estate planning tool with the added benefit of helping to reduce exposure to Ontario’s estate administration tax; however, utilizing them is not without its pitfalls. In this article, Blair Botsford reviews key issues relating to beneficiary designations, including certain drafting challenges.

Student Forum, Trusts and Estates Law

To 65 or Back to the (Drawing) Board? To Be Determined

  • October 16, 2023
  • John Bartolomeo, lawyer/co-director, Workers' Health and Safety Legal Clinic

This article reviews the reconsideration outcome of WSIAT's Decision No. 243/21R which addressed a Tribunal order to provide loss of earnings benefits to the worker to age 65.

Student Forum, Workers' Compensation

Employer Cost Relief in the Context of a Worker's Substance Abuse

  • October 16, 2023
  • Cassandra Ma, legal counsel, Bell Canada

This article contains a review of WSIAT Decision No. 339/23 in which an employer sought cost relief (SIEF) for a worker's compensable fatal motor vehicle accident caused by the worker's impaired driving.

Student Forum, Workers' Compensation