Articles

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

Editor: Yoann Emian

Today
Today

Common Law Environmental Remediation Claims Not Entitled to Super Priority Over Secured Creditors

  • April 23, 2024
  • Diana Weir, of counsel

On April 8, 2024, the Alberta Court of Appeal released its decision in the appeal of Qualex-Landmark Towers Inc v 12-10 Capital Corp. The Court of Appeal’s decision clarifies that the super priority of environmental remedial obligations recognized in Orphan Well Association v Grant Thornton Ltd, does not apply to private litigants, alleviating significant uncertainty for secured lenders.

Environmental Law, Student Forum

What Was Old is New Again: Proposed Changes under the Cutting Red Tape to Build More Homes Act, 2024

  • April 19, 2024
  • Peter Voltsinis, Matt Reiner, Jennifer Evola, Signe Leisk

On April 10, 2024, the Ontario government (the “Province”) introduced Bill 185: Cutting Red Tape to Build More Homes Act, 2024 (“Bill 185”), which simultaneously reintroduces and repeals prior changes to the planning and development regime in Ontario. This article provides a brief overview of these proposed legislative changes as it relates to planning and development.

Municipal Law, Student Forum

Where One Door Opens, Another Stays Open: Parallel Statutory Rights of Appeal and Judicial Reviews in Yatar v TD Insurance Meloche Monnex

  • April 19, 2024
  • Alexander Evangelista

The Supreme Court of Canada recently released its anticipated decision in Yatar v. TD Insurance Meloche Monnex, providing its latest substantial commentary on judicial review in Canada. In the face of recent pronouncements about the importance of upholding judicial economy and avoiding multiplicities of proceedings, the Court endorsed the opportunity for parties to proceed with parallel statutory rights of appeal and judicial review.

Student Forum, Young Lawyers' Division

Proposed Amendments to Ontario’s Excess Soil Laws

  • April 19, 2024
  • Matthew Gardner, Partner at Willms & Shier Environmental Lawyers LLP

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario.

Real Property Law, Student Forum
head-shot photo of author Yicheng Ru

Adapting Australian Labour Law Innovations: Lessons for Ontario from the Secure Jobs, Better Pay Act 2022

  • April 18, 2024
  • Yicheng Ru, JD candidate, University of Ottawa

The Fair Workplaces, Better Jobs Act in Ontario and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act in Australia aim to bolster labour standards and safeguard workers. Australia's amendment strengthens flexible work rights and dispute resolution, addressing work-life balance, gender equity and legal protection. Ontario can learn from Australia's reforms to improve its own labour laws.

Student Forum

ONCA Gives Courts Right to Review Election or Appointment of Director

  • April 17, 2024
  • Jennifer Leddy, partner, Carters

The case of Metmeke v Yigzaw is an interesting case about the authority given to a court under the ONCA to review the election or appointment of a director. In this case, a contested election for a church’s board of directors spiraled out of control, leading to a motion to overturn the results of that election.

Charity and Not-For-Profit Law, Student Forum