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

Editor: Victoria Shariati


Administrative and Regulatory Case Review

  • November 20, 2017
  • Stockwoods LLP

Summaries of recent decisions discussed in the Stockwoods LLP Administrative & Regulatory Law Case Review newsletter.

Administrative Law, Student Forum

Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions

  • November 13, 2017
  • Nicole Daniel JD Candidate, 2019 Osgoode Hall Law School, York University

On September 28th, 2017 the OBA Aboriginal Law Section held a panel entitled “Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions.” Counsel to the Crown, Clyde River, and the NEB, discussed the outcome and implications of the Supreme Court of Canada's most recent decisions on the duty to consult and accommodate.

Aboriginal Law, Student Forum

WSIB Found Liable for Human Rights Violations Against an Injured Worker

  • November 10, 2017
  • Ryan J. Conlin, Partner, Stringer LLP Management Lawyers

In a rare decision, the Human Rights Tribunal found that the Workplace Safety and Insurance Board (WSIB) failed to accommodate a worker’s disability in terms of the way in which the claim was handled. The case includes lessons for the broader community, particularly in light of the revised WSIB mental stress policies which will take effect come January 2018.

Workers' Compensation, Student Forum

Brown Bag Lunch, October 17, 2017

  • October 30, 2017
  • Noah Weisberg and Jacqueline Palef,

At the October 17, 2017 Brown Bag Lunch, practitioners discussed the recent decision of Meyer v Rubin regarding the expanded role of the ETDL, whether attorneys for property can appoint replacement attorneys, and the treatment of real property in contemplation of probate applications.

Student Forum, Trusts and Estates Law

New Directions in Fisheries Act Policy and Law: An Overview of the November 2015 Federal ECCC Mandate Letter & Proposed Legislative Reforms

  • October 30, 2017
  • David McRobert and Julian Tennent-Riddell

This article discusses the impact that Prime Minister Trudeau's November 2015 mandate letter to the Minister of Environment and Climate Change may have had on the enforcement of the Fisheries Act). The article also considers the June 2017 proposals by the federal government to enhance protections for fish and fish habitat and a case study of the Montreal Sewage Dump. This article was originally published in the Fall 2017 issue of WEAO's INFLUENTS Magazine, and is republished with permission.

Environmental Law, Student Forum

Creating a Gender Diverse Canada: Recent economic developments in creating a more gender inclusive country

  • October 27, 2017
  • Joelle Kabouchi

In recent years, the legal profession and the global community have taken a greater interest in addressing gender diversity. This article discusses how international trade, Canadian budgetary measures and securities regulation have each addressed gender in areas of major reform. This article is not intended to be a critical analysis of the covered initiatives, but instead a brief overview of what is being done in Canada about gender diversity on an economic level.

Young Lawyers' Division, Student Forum

What's New in Pensions & Benefits

  • October 27, 2017
  • Evan Shapiro and Michelle Rival

Administrative Monetary Penalties regulations, FSCO policies on missing beneficiaries and waivers of statements for missing former and retired members, FSCO guidance on the recently amended definition of 'spouse', proposed amendments to JSPP funding regulations, and more...

Pensions and Benefits Law, Student Forum

Technically Speaking: How Lawyers are using Technology Today

  • October 27, 2017
  • Calvin Hancock

The Ontario Bar Association organized Technically Speaking: How Lawyers are using Technology Today on September 14, 2017. Attendees heard from three professionals, Erin Zipes, Thomas Bennett, and Alyssa Tomkins, about developments in the use and application of technology to our lives and the practice of law. It was an informative evening overall.

Young Lawyers' Division, Student Forum

Insurance Policy Covers Defence Costs Incurred for Directors and Officers in Security Regulators’ Investigation

  • October 27, 2017
  • Nina Bombier, with the assistance of Graham Henry (Student-at-Law)

As regulatory investigations and litigation against corporate directors and officers become increasingly complex and extensive, insurance policies covering defence costs are all the more important. But how far does this coverage stretch? The recent decision of Liberty Silver v Liberty Insurance demonstrates the significant value these policies can provide in covering an early and proactive legal defence.

Insurance Law, Student Forum