Resources, Articles, & Advocacy
Article | January 07, 2026
What’s New in Pension and Benefits – Winter 2026
Recent updates in Ontario and Federal pension legislation, regulatory policy, taxation and caselaw, including overcontributions, automatic OAS enrollment, climate-related financial risks, and more.
Article | December 30, 2025
Section 493.2 of the Criminal Code: Addressing the Primary and Secondary Grounds for Vulnerable and Racialized Clients
In 2019, the federal government amended the Criminal Code of Canada, R.S.C., 1985, c. C-46 to incorporate the principle of restraint into bail hearings. As stated in section 493.2 of the Criminal Code, a peace officer, justice or judge that is considering release shall give particular attention to the circumstances of (a) Aboriginal accused, and (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release. Section 493.2 is remedial in nature, and is intended to “ameliorate the pre-trial over incarceration of overrepresented, vulnerable groups," “release more of the accused described in the provision,” and “remedy the problem of overuse of pre-trial custody as well as the overrepresentation of certain populations in the criminal justice system."
Article | December 24, 2025
Driving this Holiday Season: Understanding offences of impaired driving and dangerous driving
Impaired driving and dangerous driving are both illegal and equally serious criminal offences. They are technically rather different when it comes to the Crown proving their elements in court and for counsel defending the accused. Notably, consumption of alcohol, short of the point of impairment, is not the element of the offence of dangerous operation. However, it is “a relevant factor for the trier of fact in considering the mens rea element of the offence of dangerous driving:" R. v. McLennan, 2016 ONCA 732, at para. 27.
Legislative Update | December 19, 2025
Your OBA LegUp Policy and Legislative Update Week of December 15
CRR Final Report Released: The Civil Rule Review (CRR) Working Group's Final Policy Report, is now available online. The 200+ page document proposes a broad range of reforms across core areas of the civil litigation process to help reduce delays and costs and increase access to the civil justice system for Ontario litigants.
Article | December 19, 2025
Wong v Aviva Insurance Company of Canada: Guidance on Loss in Civil Fraud
The Ontario Court of Appeal upheld an auto-insurer’s denial of coverage to a mother-daughter duo who turned a motor vehicle accident into a case of civil fraud. The Court in Wong v Aviva insurance Company of Canada, 2024 ONCA 874 upheld the lower court’s analysis of Hryniak v Mauldin, 2014 SCC 7, to determine that lying to your insurer about the driver of the vehicle involved in an accident can constitute civil fraud.
Article | December 19, 2025
Taylor v. Zents: Over One Hundred Years Later Browne v. Dunn still matters!
Since our days in law school, we’ve been reminded of the rule in Browne v. Dunn time and time again. We’ve heard about it from our professors, our colleagues and mentors, and sometimes from the bench itself - if you want to impeach another party’s witness, the impeaching material must be given to the witness during cross-examination in order to give them an opportunity to explain any contradictions. The recent Court of Appeal decision of Taylor v. Zents, 2025 ONCA 662 reminds us of the importance of never forgetting this rule.
Article | December 15, 2025
Xania Monet Monet Monet: The Economic Rights of AI Creators
In September 2025, the music industry headlines were dominated not by a pop star or a rock band, but by Xania Monet, a virtual R&B artist created using the AI platform Suno. Reports from Billboard and Forbes confirmed that the human creator behind the project, Telisha “Nikki” Jones, signed a record deal with Hallwood Media worth up to $3 million. For entertainment lawyers, the headline is flashy, but the legal reality is a headache. If a human creator contributes lyrics and prompts, but an AI generates the melody, harmony, and vocal performance, what “economic rights” actually exist to support a multi-million dollar transaction?
