Articles

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

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Case Commentary: ASP v. Health Professions Appeal and Review Board 2024 ONSC 438

  • October 25, 2024
  • Dania Bajwa, JD candidate, Lincoln Alexander School of Law, Toronto Metropolitan University

On August 7th, 2024, the Divisional Court of the Ontario Superior Court of Justice released an important decision affirming the rights of children with capacity to make decisions about their own health care under Ontario’s Health Care Consent Act, 1996. This decision marks a pivotal moment in the province’s recognition of capable children’s indisputable right to consent to medical treatments.

Child and Youth Law, Health Law, Public Sector Lawyers and 1 more..., Student Forum

Ontario’s Non-Existent Duty of Care to Children Injured Preconception

  • October 25, 2024
  • Dania Bajwa, JD candidate, Lincoln Alexander Law School, Toronto Metropolitan University

This essay by a former summer student at Justice for Children and Youth argues that children should be able to recover damages from doctors for the negative lifelong consequences of medical decisions made preconception. The author looks to past and recent Ontario cases, including a strong dissent in Florence v Benzaquen, 2021 ONCA 523, to argue that the law is not settled in this area. The views expressed in this essay are those of the author only.

Child and Youth Law, Student Forum

Recent Amendments to the Conservation Authorities Act and Regulations

  • October 25, 2024
  • Kristi M. Ross, partner, Aird and Berlis LLP

On April 1, 2024, significant amendments to the Conservation Authorities Act (the “CA Act”) and a new regulation under the Act, came into effect. This new regulation, Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, ( “O. Reg. 41/24”), revoked and replaced the 36 individual regulations that governed Conservation Authorities. The new regulation governs prohibited activities, exemptions and permits under the CA Act.

Environmental Law, Student Forum

Fines Issued Under Producer Responsibility Regulations - Further Requirements Coming in Alberta and Ontario in 2025

  • October 25, 2024
  • Melissa Winch, A. Chandimal Nicholas, Jeremy Barretto, Dakota Bundy, Samantha Khaouli

Canadian provinces have been taking steps to shift the responsibility and cost of recycling certain materials from municipalities to the producers of the materials. In Ontario, this shift has been pursued through the Blue Box Regulation, 391/21, while in Alberta it falls under the Extended Producer Responsibility Regulation, 194/22.

Environmental Law, Student Forum
photo of author Jay Nathwani

Liability for Flow-Through Claims: A Puzzling Aspect of Walsh v. TTC

  • October 21, 2024
  • Jay Nathwani, partner, Margie Strub Construction Law LLP

An 849-paragraph testament to the grinding weight of our civil justice system, the decision in Walsh Construction v. Toronto Transit Commission et al., 2024 ONSC 2782, was arrived at after a trial stretching over 19 months. In spite of the achievement that the decision represents, its findings on flow-through claims of subcontractors represent a potentially troubling precedent for the industry, and are puzzling as a matter of law. They bear further scrutiny on the appeal currently underway.

Construction and Infrastructure Law, Student Forum

The Use of AI Tools for Expert Work

  • October 21, 2024
  • Augusto Patmore, P. Eng, MBA (Delay Expert), A&M managing director

Time is of the essence when it comes to the role of a delay expert in a construction dispute. With cases increasingly involving vast amounts of data, AI has become a formidable tool for delay experts. However, AI tools are not without their limitations. Human oversight is still crucial to ensure both reasonableness and accuracy in legal proceedings.

Construction and Infrastructure Law, Student Forum
photos of authors Sharon, Jacob and Jay

Ontario Court Clarifies Test for Owner’s Liability Under OHSA

  • October 21, 2024
  • Jay Nathwani, partner, Margie Strub Construction Law LLP; Sharon Sam, partner, Margie Strub Construction Law LLP; and Jacob Lokash, associate, Margie Strub Construction Law LLP

The Ontario Superior Court of Justice recently provided insight into what steps an owner must take to establish a defence of due diligence and avoid liability under the Ontario Occupation Health and Safety Act, R.S.O. 1990, c. O.1 (“OHSA”).

Construction and Infrastructure Law, Student Forum
photo of Duncan Glaholt

Reflections on a Career

  • October 21, 2024
  • Duncan Glaholt

This is the first article in the 2024-2025 Newsletter’s Reflections series, featuring reflections on extraordinary careers by senior counsel in the construction bar. We are grateful to Duncan Glaholt for inaugurating this series.

Construction and Infrastructure Law, Student Forum
photo of author Sharon Sam

Adversary to Ally? Disclosure Required When the Litigation Landscape Shifts

  • October 21, 2024
  • Sharon Sam, partner, Margie Strub Construction Law LLP

Practitioners must remain attentive to their disclosure obligations. Any settlement agreement (or partial settlement agreement) reached between some parties, but not others, that entirely changes the landscape of the litigation in a way that significantly alters the dynamics of the litigation must be disclosed to the non-settling parties. The obligation to disclose is immediate and unequivocal.

Construction and Infrastructure Law, Student Forum