Articles

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

Editor: Sairam Sanathkumar

Today
Today
The Use of Technology in Mediation

The Use of Technology in Mediation

  • June 13, 2021
  • Stuart Rudner, Rudner Law

The old saying is that the best way to achieve peace is to prepare for war. Similarly, the best way to achieve a good settlement is to prepare for trial. You can use technology to put your case forward as strongly as possible, and help your mediator help you to get the best deal.

Labour and Employment Law, Student Forum

Federal Court of Appeal Overturns Finding that Designation of the United States as a Safe Third Party Country Violated Section 7 of the Charter

  • June 13, 2021
  • Christopher Wirth, partner, Keel Cottrelle LLP

In The Minister of Citizenship and Immigration v. the Canadian Council for Refugees, 2021 FCA 72, the Federal Court of Appeal overturned the decision of the Federal Court (2020 FC 770), which had found that section 101(1)(e) of the Immigration Refugee Protection Act, S.C. 2001, c.27 (the “Act”) and section 159.3 of the Regulations under the Immigration and Refugee Protection Regulations, S.O.R./2002-227 (the “Regulations”), infringed section 7 of the Charter.

Administrative Law, Student Forum

Ontario Court of Appeal Finds Pay Equity Tribunal Unreasonable

  • June 13, 2021
  • Ed Montigny

A recent decision from the Ontario Court of Appeal upheld the Divisional Court in its finding that a decision of the Pay Equity Tribunal, which found that continued the use of the proxy method to measure pay equity in the nursing home sector was not necessary, was not reasonable. However, a strong dissent signed by two of the Justice suggests this may not be the last word on the matter.

Administrative Law, Student Forum

Case Comment: Comparison of a Provincial and Federal Ruling on Hotel Quarantines during the COVID-19 Pandemic

  • June 05, 2021
  • Melanie Zetusian

The recent Order, which imposed a hotel quarantine requirement for travellers returning to Canada by air, has been tested in two recent decisions. The Superior Court of Justice and Federal Court of Canada each considered the constitutionality of the new measures to prevent the spread of Covid-19: Canadian Constitution Foundation v Canada (AG) (“CCF”), and Spencer v Canada (AG) (“Spencer”). Injunctive relief was refused in both decisions. This note summarizes and compares CCF and Spencer.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Paid Sick Leave in Ontario for Reasons Related to COVID-19

  • June 05, 2021
  • Andrew Shaw, Ajanthana Anandarajah and Alessandra Fusco

The Ontario government passed Bill 284, COVID-19 Putting Workers First Act, amending the Employment Standards Act to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. All employers should review the amendments to the ESA and review existing policies and practices to address the availability of this paid leave.

Labour and Employment Law, Student Forum

CRA Follows IRS

  • June 05, 2021
  • Kathryn Walker

The Federal Court ordered that the Minister is authorized to impose on Coinsquare a requirement relating to unnamed persons.  The result is that Coinsquare must produce the requested documents and information about its customers to the CRA.

Student Forum, Taxation Law

Court of Appeal Summaries (May 25-28)

  • June 05, 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 25, 2021.

Civil Litigation, Student Forum