Articles

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

Editor: Victoria Shariati

Today
Today

Ottawa Signals Tougher Stance on Chinese Investments in Critical Minerals

  • January 12, 2023
  • Omar Wakil, Dany H. Assaf, and Rebecca (Moskowitz) Wagner

The federal government has ordered three Chinese companies to divest recently acquired interests in critical mineral assets. The statement confirming the order comes on the heels of a new policy on investments in the critical minerals sector by foreign state-owned or state-influenced enterprises (SOEs). This article outlines what you need to know about these recent developments.

Natural Resources and Energy Law, Student Forum

2022 Energy Regulatory Year in Review

  • January 12, 2023
  • Mark Rubenstein, Shepherd Rubenstein

It has been a busy and exciting year. As we start 2023, it’s an opportunity to look back and explore some of the most important themes and regulatory developments in the Ontario energy sector in 2022.

Natural Resources and Energy Law, Student Forum
Map of Ontario with diagonal line just south of North Bay, indicating 'Yes' above the line and 'No' below the line vis a vis question posed in title

Can I Cut Down My Own Christmas Tree?

  • January 10, 2023
  • Sarah Hahn, Barriston LLP

An overview of the rules applicable to cutting trees in Ontario year-round, which may be particularly relevant during the holiday season, when clients may be considering cutting down their own Christmas tree.

Municipal Law, Student Forum
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