Articles

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

Editor: Yoann Emian

Today
Today

Brazeau v. Canada: Ontario court explores un-Chartered territory

  • April 26, 2019
  • Janeta Zurakowski

In Brazeau v. Canada, 2019 ONSC 1888, the Ontario Superior Court of Justice awarded $20 million in damages for class-wide systemic Charter breaches following a successful summary judgment motion by the class.

Class Actions, Student Forum

Granting Lake Erie Environmental Rights: Will it work?

  • April 26, 2019
  • David McRobert and Bianca Salive

This article considers the recent bill of environmental rights that one city granted to Lake Erie. It examines the history of granting legal rights to nature, as well as arguments for and against. While reluctant to dismiss granting nature legal rights as largely a façade, the authors conclude that more complex regulatory solutions premised on cooperation between multiple stakeholders seem more likely to deliver a viable, long-term solution for the Lake.

Environmental Law, Student Forum
<em>All Families Are Equal Act</em>: How Did We Get Here?

All Families Are Equal Act: How Did We Get Here?

  • April 25, 2019
  • Lilia Azatian

"The Court should never be influenced by the weather of the day, but inevitably they will be influenced by the climate of the era." - Ruth Bader Ginsburg

Family Law, Sexual Orientation and Gender Identity Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 15-18, 2019)

  • April 24, 2019
  • John Polyzogopoulos

Matters covered this week included the dismissal of a proposed class action against the LCBO regarding the sale of beer in Ontario, the viability of claims by police officers against Crown attorneys for negligence and misfeasance in public office, summary judgment motions in child protection proceedings under the Child, Youth and Family Services Act, motions to change spousal support orders, and a residential tenancy dispute involving a missing cat.

Civil Litigation, Student Forum

The Court of Appeal Clarifies the Scope of Participating Expert Evidence

  • April 24, 2019
  • Ashley Goren-Gibson, B.A., J.D., LLM.

This article is an analysis of the Court of Appeal decision in Imeson v. Maryvale (Maryvale Adolescent and Family Services), 2018 ONCA 888 (“Imeson”). In Imeson, the Court of Appeal emphasized the importance of the judicial gatekeeping role for expert witnesses and clarified the boundaries of proffering “participant expert” evidence at trial.

Health Law, Student Forum