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Context Matters: A WSIAT Decision on Workplace Harassment in Chronic Mental Stress Claims
Kelly Rodrigues, Solicitor, The Regional Municipality of Durham | July 02, 2025
In Decision No. 1254/24, the WSIAT granted entitlement for chronic mental stress after finding that a police officer was subjected to workplace harassment. The Panel rejected the employer’s workplace investigation and found the conduct especially egregious in light of contextual factors, such as the COVID-19 pandemic. It accepted a DSM diagnosis of anxiety and insomnia from a family doctor as sufficient under WSIB policy.
Learn moreDigital Borders and Racial Codes in AI Migration Control
This article examines the growing use of artificial intelligence in migration systems, focusing on tools like IRCC’s Chinook platform and the UNHCR’s Project Jetson. It raises concerns about how these technologies may reinforce systemic bias, limit procedural fairness, and reduce transparency in decision-making. Drawing on recent Federal Court decisions and critical legal theory, the piece calls for stronger safeguards and a more accountable, rights-based approach to technology in immigration governance.
Learn moreArtificial Intelligence in Immigration Practice: Why Our Files Now Meet the Algorithm First
Aminder Kaur Mangat | July 02, 2025
A recent CPD session explored how artificial intelligence is reshaping Canadian immigration processing. Experts from the Federal Court, IRCC, DOJ, academia, and private practice discussed IRCC’s use of automation to triage and approve files, the legal framework behind these systems, and the privacy and oversight issues they raise. As AI becomes more central to decision making, counsel must build the skills to understand, challenge, and navigate these tools to ensure fairness and protect their clients.
Learn moreMyra Sivaloganathan | June 27, 2025
On July 22, 2025, Chief Justice Wagner served as keynote speaker for the Young Lawyers Division’s Annual Gala. Chief Justice Wagner has served on the Supreme Court since 2012, and is the 18th Chief Justice of Canada. He leads the Canadian Judicial Council, the National Judicial Institute, and the Advisory Council for the Order of Canada.
Learn moreWhat happens when legal duties under different legislation appear to conflict? In a recent case, The Corporation of the Municipality of Marmora and Lake v. His Majesty the King in Right of Ontario, 2024 ONSC 2254 ,the Municipality of Marmora and Lake (the “Municipality”) considered this question when its required road maintenance work allegedly disturbed an endangered species and its habitat.
Learn moreKarine Bédard & Sara Ray Ramesh | June 26, 2025
In Lemieux c. Sanimax Lom inc., 2025 QCCS 371, the Superior Court of Quebec’s Chief Justice rejected an unconventional request: to allow four dachshunds to serve as parties and representative plaintiffs in a proposed environmental class action.
Learn moreShould We File with Pride? A Queer History of Tax Law in Canada
Alain Azar, Osgoode Hall Law School | June 25, 2025
You know it is true love when the CRA finally lets you claim each other. Tracing the evolving relationship between queer Canadians and the Income Tax Act, through key cases and legislative reforms, Alain Azar explores how LGBTQ+ lives have been acknowledged, and at times constrained, by a tax system built around traditional views. While it remains our civic duty to file with pride, we should also reflect on the underlying normative assumptions embedded in the process.
Learn moreImputing Income Part III: Failure to Provide Income Disclosure
Danielle Sawh, SorbaraLAW | June 24, 2025
Whether the obligation comes from the legislation or a Court Order, a support payor is obligated to produce financial disclosure. This was succinctly reiterated in Neves v Pinto: Not only was Ms. Pinto statutorily obligated to produce complete financial disclosure, there were court orders that specifically required her to do so. Parties are not free to disregard court orders. Court orders are to be obeyed. Non-compliance with court orders must have consequences (Neves v Pinto 2020 ONSC 3098).
Learn moreNavigating Grandparent Contact
Danielle Sawh, SorbaraLAW | June 24, 2025
In Ontario, although grandparents do not have an automatic legal right to have contact with their grandchildren, they do have the right to make an application for contact. As Danielle Sawh outlines, the factors that a Court will consider in determining whether, and to what extent, to grant an order for contact between grandparents and grandchildren arise from both the legislation and the case law.
Learn moreForeign Expertise, Local Impact: The Quiet Necessity of Foreign Legal Consultants
Where legal practice intersects with immigration, international families, and global financial matters, foreign law is not a complication; it is the context. Canadian courts have always operated with the understanding that foreign law, when relevant, must be treated as a question of fact. But as our legal and social realities evolve, so too does the need for clarity, structure, and cultural literacy when presenting those facts. This is where Certified Foreign Legal Consultants (FLCs) become indispensable.
Learn moreAccelerated Project Approvals Under the Building Canada Act
On June 6, 2024, the federal government tabled Bill C-5: An Act to enact the Free Trade and Labour Mobility Act and the Building Canada Act (the One Canadian Economy Act) to, among other things, accelerate approvals for energy and infrastructure projects that are designated as being in the national interest by enacting the Building Canada Act. This legislation aims to address pressing geopolitical, energy security, and economic concerns, while enhancing Canada's national prosperity and protecting the environment, and respecting the rights of Indigenous peoples. The One Canadian Economy Act faces a short sitting period in a minority Parliament, but Prime Minister Mark Carney has suggested that the sitting could be extended to ensure the Act is passed.
Learn moreUNDRIP and the Duty to Consult: Findings in the Kebaowek Case
Brianne Paulin, Partner, Aldridge + Rosling LLP | June 24, 2025
This article provides a brief overview of the decision of the Federal Court of Canada in Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319 (“Kebaowek”). For the first time, the Federal Court interpreted the role of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) within the duty to consult and accommodation framework. Among other things, the Court found that, because of UNDRIP’s adoption into Canadian law, the duty to consult and accommodate must be informed by it and decision makers must now consider how UNDRIP may impact the interpretation of Canadian law, including the fulfillment of section 35 obligations. The Court also clarified that the free, prior and informed consent under UNDRIP does not mean a veto or a right to a particular outcome, but rather, a right to a robust process.
Learn moreAs part of its broader legislative initiative under Bill 5, the Protecting Ontario by Unleashing our Economy Act, 2025 (Bill 5), the Ontario government has introduced a suite of proposed legislative reforms aimed at accelerating approvals for mining and critical infrastructure projects. One of the most consequential proposals includes significant amendments to the Endangered Species Act, 2007 (ESA).
Learn moreA Bird's Eye View of the Protect Ontario by Unleashing our Economy Act, 2025
Albert Engel, Partner, Fogler, Rubinoff LLP | June 24, 2025
On June 5, 2025, the Protect Ontario by Unleashing our Economy Act, 2025 ("Act") came into force. The Act aims to protect Ontario from global economic uncertainty by enacting measures that the government believes will stimulate Ontario's economy. It attempts to do so through amendments to the Electricity Act, 1998, the Endangered Species Act, 2007, the Environmental Assessment Act, the Environmental Protection Act, the Mining Act, the Ontario Energy Board Act, 1998, the Ontario Heritage Act and the Rebuilding Ontario Place Act, 2023 and by introducing the Special Economic Zones Act, 2025 and the Species Conservation Act, 2025. The amendments and new acts are summarized below.
Learn moreClimate Change and Insolvency: An Undeniable Intersection
Maryama Farah, LLM student at Osgoode Hall Law School | June 20, 2025
Recent climate litigation, including Canada (Attorney General) v. Mathur1 and Orphan Well Association v. Redwater Energy2, demonstrates that courts are increasingly willing to impose climate accountability on corporations, with direct implications for insolvency risk. These cases signal a growing trend: businesses that ignore climate liabilities may face financial distress, regulatory enforcement, and even court-ordered dissolution. In this article, winner of the OBA Michael MacNaughton Student Writing Award for Insolvency Law, Maryama Farah explains why, for insolvency law practitioners in Ontario, this shift demands urgent attention.
Learn moreThe Grass is Always Greener: The Limited Lessons of the Toronto Local Appeal Body
The Toronto Local Appeal Body (the “TLAB”) stands as Ontario’s sole local appeals body for planning matters, ruling over appeals of variance and consent decisions from Toronto’s Committee of Adjustment (the “CoA”). Nearly ten years after the TLAB’s inception, the Body has had some successes but remains particularly limited by its role as an administrative tribunal.
Learn moreThe Basics of Municipal Service Corporations - A Brief Overview
Alex Cockburn and Alison Firth, Barriston LLP | June 20, 2025
Municipal service corporations (MSCs) allow municipalities to efficiently deliver key public services by leveraging distinct corporate structures authorized under the Municipal Act, 2001. This article provides a broad overview of MSCs, their governance, benefits, and the legal requirements municipalities must follow when establishing one.
Learn moreAfter liability has been established in common, how far does the court's authority go to attenuate the ordinary litigation process in determining the damages to be awarded to individual class members? In Hayes v. The City of Saint John, 2025 NBKB 58, the New Brunswick Court of King's Bench held that the vulnerable nature of the class in a historical sexual abuse class action demanded that the individual issues phase of the litigation be dealt with on an expeditious basis.
Learn moreAlexandra Lawrence | June 09, 2025
The Ontario Court of Appeal in Knisley v. Canada (Attorney General), 2025 ONCA 185, has confirmed that a class proceeding cannot be certified on a conditional basis. On a motion for certification, a motion judge must either certify an action as a class proceeding where the certification test has been met or must deny certification where the criteria for certification have not been met.
Learn moreJurisdictional Gymnastics: Territorial Competence in Cline
Christine Galea & Jessa Conmigo | June 09, 2025
Cline v Gymnastics Canada, 2025 BCSC 146 is a pre-certification jurisdictional application brought by the Fédération de Gymnastique du Québec in a proposed historical abuse class action commenced in B.C. The Court reasoned that common issues standing alone do not create territorial competence for the purpose of a national class action. Territorial competence findings in prior product liability cases will not be instructive if the factual underpinnings of those decisions involve “something more”.
Learn moreYCJA Record Access in Child Protection Proceedings
Jonathan (Yoni) Glasenberg, Counsel, Office of the Ontario Ombudsman | June 06, 2025
On May 6th, the Ontario Bar Association’s Child and Youth Law and Young Lawyers Division hosted a professional development webinar featuring updates on pressing issues in child protection law. As part of a panel on “Privacy Records in Child Welfare”, Sam Wisnicki of the Office of the Children’s Lawyer presented an overview of the rules governing access to youth criminal justice records and information and their application to child protection proceedings.
Learn moreSuzanne Lopez Allcock | June 06, 2025
Lachapelle v. St. Laurent Automotive Group Inc., 2025 ONSC 1956 appears to have been a fierce battle about a range of legal issues arising from an interesting set of facts. In addition, Justice Roger’s subsequent costs award, Lachapelle v. St. Laurent Automotive Group Inc., 2025 ONSC 2879 (released May 14), provides useful guidance on managing settlement negotiation and pre-trial conduct, particularly in the context of Simplified Procedure and Rule 49 cost consequences.
Learn moreThe Homeowner Protection Act, 2024: Ontario's New NOSI Ban and What You Need to Know
Mathew Seeburger | June 04, 2025
On June 6, 2024, the Homeowner Protection Act, 2004 came into force, which amended the Personal Property Security Act, ending the era of Notices of Security Interest (NOSIs) for consumer goods in Ontario. The amendment has banned the registration of NOSIs for consumer goods—defined as goods used or acquired for use primarily for personal, family or household purposes. Now, any consumer good NOSI registered against a property’s title before June 6, 2024 can be deleted. With this ban, Ontario seeks to better protect homeowners from unexpected liens and make property transactions more transparent.
Learn moreIn Parkin, one of only a handful of decisions interpreting the new statutory carriage test under the amended Class Proceedings Act, 1992, Justice Leiper granted carriage of a proposed securities class action against TD Bank for alleged misrepresentations with respect to its systemically deficient anti-money laundering controls to the Parkin action. The court found the Parkin action was superior to two competing actions as it avoided both potential concerns relating to contingency-fee splitting with a US firm and limitation period issues.
Learn moreBuilding Faster and Smarter, at Last? Province of Ontario Introduces Bill 17
Denise Baker, Raj Kehar, Narmada Gunawardana and Nikolas Koschany, WeirFoulds LLP | June 04, 2025
Amidst economic uncertainty and a trade war, one thing remains constant: the Province of Ontario (the “Province”)’s attempts to boost housing supply. On May 12, 2025, the Province introduced Bill 17, the Protect Ontario by Building Faster and Smarter Act, 2025. Currently in its second reading, the Bill, if passed, would make changes to development charges, planning instruments, and provincial infrastructure development. This article explores these changes.
Learn moreBrian Studniberg & Taylor Wormington, Henein Hutchison Robitaille LLP | June 04, 2025
Taxation law is a complicated, nuanced beast. When a criminal investigation is launched by the Canada Revenue Agency (CRA) into a taxpayer for alleged violations of tax law, the law’s complications become more pronounced. In these moments, it can be stressful for taxpayers and their advisors to be aware of certain collateral consequences that can arise from criminal investigations.
Learn moreLessons on Donative Intent from Ayre v the King
In Ayre v. The King, 2025 TCC 41, the Tax Court of Canada dismissed six lead cases, along with ninety-nine bound appeals, challenging the Minister of National Revenue’s denial of charitable donation tax credits. The Court found that the appellants participated in tax shelter gifting arrangements involving cash and pharmaceutical donations without the requisite donative intent. As such, they were deemed not to be entitled to tax credits under section 118.1 of the Income Tax Act. The case is currently under appeal to the Federal Court of Appeal.
Learn moreKey Legislative Changes for Ontario Employers to Know in 2025
Shannon Sweeney | June 04, 2025
In this article, Shannon Sweeney highlights important amendments to the Employment Standards Act, 2000 and the Occupational Health and Safety Act, which will take effect in 2025 and 2026. Anyone who acts for employers, or who is an employer, will want to take note of these incoming changes.
Learn moreEntertainment Law Fundamentals: Lessons from the Frontlines – A Recap of a Fabulous Event
Samantha-Francine Glass | June 03, 2025
On April 8, 2025, the Ontario Bar Association’s Entertainment, Media, and Communications Law Section hosted Entertainment Law Fundamentals at the OBA Conference Centre in Toronto. The event demystified the glitz and glamour of this dynamic area of practice through a candid and compelling conversation with three experienced entertainment lawyers: Laura Wilson-Lewis (Warner Music Canada), Tara Parker (Goodmans LLP), and Adrian Barnardo (Taylor Oballa Murray Leyland LLP).
Learn moreThe Hatter and a Clock That Ran Out of Rights
Abhi Ranade, Soundmark Law | June 03, 2025
January 15 is celebrated as National Hat Day, a throwback to a time when no outfit was complete without a hat. By the 1980s hats had become novelties, but on January 15, 2025, they roared back into relevance: Ontario Premier Doug Ford donned a bright blue cap reading “CANADA IS NOT FOR SALE.” The hat, a gift from Ottawa branding agency Jackpine, exploded across social media, and by dawn on January 16, Jackpine’s Shopify store had logged more than 8,000 orders.That same morning, an Ontario resident registered canadaisnotforsalehat.ca, quickly launching an independent online storefront selling hats bearing the same slogan.
Learn moreLori Isaj provides an overview of the new rules, implemented by the Law Society of Ontario on January 1, 2025, relating to client contingency planning to account for what happens if a lawyer or paralegal in private practice, referred to as a licensee, is unable to practice, either temporarily or permanently, due to illness, incapacity, sudden absence, or death.
Learn moreAI is Here to Stay: How to Embrace it Instead of Running from it
Artificial intelligence (AI) is the future for all industries, businesses, and professions, including law. We can’t escape it, nor should you want to; if you learn how to use it properly, it will become an essential and productive tool in your practice. This article provides an introduction to AI in the legal profession and introduces resources to help you on your learning journey.
Learn moreRecent Amendments to the Rules of Civil Procedure
On December 1, 2024, amendments to the Rules of Civil Procedure in Ontario came into force to implement changes regarding the certification of authorities cited in legal documents and expert reports, as well as eliminating duplicate filing requirements for notices of application.
Learn moreBrown Bag Lunch – December 17, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | June 03, 2025
The final Brown Bag Lunch meeting of the year was held on December 17, 2024. Trusts and Estates section members were happy to gather one last time before the holidays to share practice tips and discuss some interesting trusts and estates issues.
Learn moreBrown Bag Lunch - October 17, 2024
Rebecca Kennedy, Adair Goldblatt Bieber LLP | June 03, 2025
Members of the Ontario Bar Association’s Trusts and Estates section met, as usual, for the monthly Brown Bag Lunch, on October 17, 2024. Attendees raised some fascinating discussion topics and generously shared their experience and views on others’ questions.
Learn morePast, Present, and Future Perspectives on the Notwithstanding Clause
Asvini Kulanayagam and Nancy Bediako | June 03, 2025
The notwithstanding clause, s. 33 of the Canadian Charter of Rights and Freedoms, is a constitutional provision that plays a significant role in some of Canada’s most recent controversial legal issues. In December, the Ontario Bar Association gathered legal, policy, and political experts to discuss its use. The event featured a full day of engaging conversations and critical analysis. The day began with a historical overview of the Charter and the origins of the notwithstanding clause, delivered by Dr. Thomas Axworthy. The later panel discussions explored key trends in its use to date, as well as perspectives on the pros and cons of invoking the notwithstanding clause in the future.
Learn moreCase Comment: Injunctive Relief in the Context of a Constitutional Challenge to Toronto’s Bike Lanes
Melanie Zetusian | June 03, 2025
In October 2024, the Government of Ontario enacted the Reducing Gridlock, Saving Your Time Act, 2024. On November 21, 2024, the Ontario government introduced an amendment that would require the Minister of Transportation to remove three bike lanes on Bloor Street, Yonge Street, and University Avenue in the City of Toronto (the “Target Bike Lane Removal Provision”). The impugned provision was part of a series of amendments to the Highway Traffic Act in which Ontario has, among other things, required that the City of Toronto seek provincial government approval prior to installing bike lanes that would reduce the number of lanes available for motor vehicle travel. A non-profit cycling advocacy organization and two Toronto residents (the “Applicants”) brought a motion for an interlocutory injunction prohibiting the Ontario government from implementing the Target Bike Lane Removal Provision.
Learn moreWhat to Expect at the 2025 OBA Elder Law Day: Championing Justice for Older Adults
Michelle W. Kang, Yang Wang Law Professional Corporation | May 28, 2025
Sign up for the 2025 OBA Elder Law Day on June 19 - an essential event for all legal professionals committed to advancing justice for seniors. Featuring expert panels, meaningful networking, a powerful keynote by Melissa Miller, and an OBA Award celebration honouring Jane E. Meadus, this is a unique opportunity to connect, learn, and lead with your fellow seniors’ advocates!
Learn morePathways to Power: Women Lawyers Rising Above Discrimination and Harassment
Angela Ogang, Chair, Women Lawyers Forum | May 27, 2025
On April 30, 2025, the Women Lawyers Forum of the Ontario Bar Association marked the 10th anniversary of its award-winning Pathways to Power program with a powerful celebration. Women lawyers from various backgrounds came together, both in-person and online, to reflect on how far we’ve come, share strategies, and forge new bonds in the face of persistent gender-based discrimination and harassment in the legal profession.
Learn moreInstead of That… Do This: Practical Mediation Tips for Employment Lawyers
Mitchell Rose & Stuart Rudner | May 19, 2025
Mediation is often the last, best chance to resolve a dispute before significant time and money are lost, and unnecessary risk is incurred. But despite good intentions, we’ve noticed certain lawyer habits that tend to get in the way of productive negotiations. Effective mediation advocacy requires a thoughtful negotiation strategy and careful preparation.
Learn moreBridging the Justice Gap: How Marginalized Communities Can Navigate the Criminal Justice System
Alysha Birdi, first-year JD student at the University of Leicester, United Kingdom | May 16, 2025
This article explores practical ways to improve access to the criminal justice system for marginalized communities in Canada. It highlights key support systems such as Legal Aid, pro bono clinics, court workers, and legal education tools, emphasizing the shared role of law students, lawyers, and institutions in closing the justice gap.
Learn moreEmployee Ownership Trusts: A Guide to Structuring and Settlement
Sanjay Kutty, partner; Devon Molloy, associate; James Konopka, associate, Linmac LLP | May 15, 2025
Between January 1, 2024 and December 31, 2026, business owners can access significant tax benefits when selling a qualifying business to an employee ownership trust ("EOT") pursuant to a transaction that constitutes a qualifying business transfer. Among other benefits, eligible vendors are entitled to receive a shared pool of up to $10 million in capital gains deductions (the "EOT Deduction").
Learn moreOne Year In: How Canada's Membership in the Apostille Convention Transformed Document Authentication
Canada’s ratification of the Apostille Convention replaces the traditional – time-consuming and complex – legalization process with a standardized one-page Apostille certificate that, once issued, is recognized as valid by all member countries without further authentication. This benefits individuals by easing international mobility for work, education, or personal business and helps businesses by smoothing cross-border transactions. Canada's adoption of the Convention is not without challenges, including the delay in implementing electronic Apostilles, which limits efficiency. Still, Canada’s accession to the Convention is a major step toward global integration and strengthens its legal and commercial ties with member countries.
Learn moreNote to the Bar Regarding Vacating Motions and In-Person Court
May 15, 2025
The OBA Construction & Infrastructure Section has recently had the benefit of RSJ Firestone and the Associate Judges generously granting their time to speak to members of the Executive regarding vacating motions and ex parte court. Their Honours have asked the Section Executive to make members aware of certain procedures regarding vacating motions, and to solicit input regarding the potential resumption of in-person court appearances (note the survey link at the bottom!).
Learn moreReflections on a Legal Career: W. Andrew McLauchlin
W. Andrew McLauchlin | May 15, 2025
Over the course of my career in construction law, I have come to understand this truth: it takes ten years to get good at something, and ten years to earn a good reputation. Importantly, they are not the same ten years. The OBA has generously asked me to reflect on a career in construction law. Whether you are three, thirteen, or thirty years into practice, I hope these reflections offer something useful, on both the practice of law and the life that comes with it.
Learn moreBreaking Down the Walls: A Series on Construction Delay, Part 3
In the fast-paced world of construction, delays and disruption can pose significant challenges to project success. In this Breaking Down the Walls series, Gary Brummer, a partner at Margie Strub Construction Law LLP, and Jacob Lokash, an associate at the firm, draw upon their extensive legal expertise to explore the complexities of construction delays. They have collaborated with Thomas Certo, a managing director in the Construction Disputes and Advisory Group at Ankura Consulting Group LLC, whose insights into the technical aspects of delay analysis provide a comprehensive perspective on this critical issue.
Learn moreThe “Judicial Review” That Isn’t: Construction Act’s Incorrect Use of Term Creates Confusion...
Jay Nathwani, partner, Margie Strub Construction Law LLP | May 15, 2025
When is “judicial review” not judicial review? When it’s judicial review of an adjudicator’s determination under the Construction Act. Why is it not judicial review? Because the drafters of the Construction Act used the wrong term when they were otherwise borrowing wholesale from the test to set aside an arbitrator’s award under the Arbitration Act.
Learn moreGet to Know Your Execs in Five Minutes (or Less)
In this ongoing series, we will profile each of the members of the OBA IT/ IP Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments! This issue, meet Ayush Arora, newsletter editor for the Information Technology and Intellectual Property Law Section.
Learn moreAI Content Labels – Private Sector Policy and Canada
Warren Urquhart, Governance Counsel at Toronto Hydro | May 12, 2025
AI generated or made by human? What systems are in place to let consumers know whether social media content is made by a creator or Chat GPT? So far Meta has its only system in place, and Canada has a few suggestive sources.
Learn moreShaping the Future: Canada’s Path to AI Governance
The article is about Canada’s upcoming Artificial Intelligence (AI) Strategy from 2025 to 2027, which outlines how the federal government plans to adopt artificial intelligence to improve public service efficiency through ethical frameworks, governance, workforce development, and public engagement.
Learn moreCopyrighted Memes: The Risks in Crypto
Among the many risks of trading "meme coins" in the crypto market, one risk is often forgotten until it is too late: copyright law. This article explores the copyright law implications that both meme coin developers and traders face when profiting off another person’s original work, using real-world examples from the past year.
Learn moreIn Mcdonald v. Guyana Goldfields Inc., 2025 ONSC 2431, Justice Morgan granted a third-party production order in the context of a proposed secondary market misrepresentation class action. Guyana Goldfields demonstrates that, despite courts’ gatekeeping role on secondary market misrepresentation leave motions, they may grant preliminary production orders where the requests are narrow, documents can be identified with specificity, the documents are known to exist, and the documents are not in the possession of the defendants.
Learn moreEstate Planning for First Nations Peoples on Reserve – Statutory Considerations
Nicole Woodward, partner, Miller Thomson LLP | May 09, 2025
Ontario lawyers engaging in estate planning for First Nations Peoples living on reserve must be cognizant of the legislation applicable to property and persons on reserve, and draft accordingly. In the table below, I have summarized the main differences between the legislation applicable to First Nations persons living on reserve, and the legislation applicable to First Nations persons living off reserve.
Learn moreMarc Kemerer, Kailey Sutton, and Yu Meng Fang, McMillan LLP | May 07, 2025
Galibier Materials Inc. v. Springwater (Township) establishes a potentially destabilizing precedent for Ontario’s planning regime respecting the duty to consult under section 35 of the Constitution Act. Galibier effectively opens the door to any indigenous or other advocacy group to come forward in any hearing, no matter how large or small, to claim that they represent interests that are potentially impacted by a proposal. The decision raises questions about the sufficiency of existing regulations to meet the duty to consult, and the role of advocacy organizations in representing First Nations interests.
Learn moreCase Summary: Huether v Sharpe, 2025 ONCA 140
Paul E.F. Martin, Loopstra Nixon LLP | May 07, 2025
The Court of Appeal case, Huether v Sharpe, 2025 ONCA 140, reversed a lower court ruling that had imposed an indefinite and ongoing "duty to monitor" upon municipalities until and unless a permit file had been “closed” (a term that does not even exist in the relevant legislative scheme). The Court of Appeal’s decision alleviates the requirement that a municipality must unduly search historic building files to confirm that permits were in fact formally closed, that were treated as closed.
Learn moreChristopher Wirth | May 07, 2025
This case comment discusses the Ontario Superior Court's recent guidance on the obligations of the independent supervising solicitor when documents are seized under an Anton Piller order, as well as who bears the cost of producing the seized documents to the parties.
Learn moreThe Borderland Pride Decision: Can Freedom of Expression Save McQuaker?
Tamara J. Sylvester (they/them/One) | May 04, 2025
The Township of Emo and its incumbent mayor appealed a decision from the Human Rights Tribunal of Ontario, which held that the Township and its mayor discriminated against Borderland Pride when it refused to grant its request for a proclamation declaring June as Pride Month in the Township of Emo. This article provides an overview of the Borderland case and will briefly discuss the merits, if any, of escalating opinions that the decision contradicts freedom of expression rights.
Learn moreFlying North: From Thunder Bay to Ogoki Post
Gari Ravishankar | May 02, 2025
On February 12, 2025, I had the honour and privilege of participating in a fly-court at Ogoki Post, a remote First Nations community in northern Ontario. As an articling student with the Thunder Bay Crown Attorney's Office, I knew this experience would be different from my usual workdays, but I didn't realize just how much it would change my perspective on justice, community, and resilience.
Learn moreLou Milrad B.A., LL.B., Public-Private Tech Alliances | May 02, 2025
You know that feeling when you stumble into exactly where you're meant to be? That's what happened to me twenty or so years ago when I joined the Ontario Bar Association's Public Sector Lawyers Section. I had no idea then that clicking "submit" on that membership form would lead to some of the most rewarding relationships of my legal career.
Learn moreWhat the CBA Charity Law Conference Taught Me About the Future of Giving
When I first signed up for the CBA Charity Law Conference, I expected to learn a few technical updates and maybe connect with others working in the sector. What I did not expect was to walk away thinking differently about forests, international partnerships, and the power of law to shape how we care for people and the planet.
Learn moreBalancing Child Protection Considerations Against Parents’ Religious Freedoms under the Charter
When assessing the emotional harm to children caused by parents sharing the details of their conflict with children, particularly when parents claim their religious beliefs mandate full transparency, Children’s Aid Societies (CAS) must balance child protection considerations against parents’ Charter rights.
Learn moreComparative Children’s Rights: Developments in Quebec since the Laurent Commission
Jean-Frédéric Hübsch, Ph.D. Candidate, Faculty of Law, University of Ottawa | April 25, 2025
A very brief history of children’s rights law in Quebec since the May 2021 final report of the province’s Special Commission on the Rights of the Child and Youth Protection ("Laurent Commission").
Learn moreCondition Critical: Ontario Land Tribunal Confirms Limits of Conditions on Minor Variance Approvals
Lee English, Borden Ladner Gervais LLP | April 25, 2025
In Newstrom Investments Inc. v Richmond Hill (City), 2024 CarswellOnt 16624, the Ontario Land Tribunal confirmed the long-standing principle that minor variance conditions must be “reasonably related” to the variance(s) applied for. Read on for a discussion of what this means and what the case was about.
Learn moreThe Pitfalls of Maintaining Solicitor-Client Privilege
Danielle Karlin and Tiffany Zhan, Cassels Brock & Blackwell LLP | April 25, 2025
Participation of third-party advisors, such as accountants, in client communications may impact the confidentiality of such communications. In two recent decisions, the Tax Court of Canada generally commented that communications between counsel and third-party advisors are protected by solicitor-client privilege when (i) the advisor is acting as agent of the client within the scope of their engagement, and (ii) the communications entail the seeking or giving of legal advice.
Learn moreReminder about Family Law Rules Updates
Kathleen Broschuk, Jamal Family Law | April 22, 2025
Updates to the Family Law Rules concerning costs came into effect on January 22, 2025. The changes emphasize the summary nature of costs and the Court’s discretion in awarding them, and standardize the formatting of cost submissions. However, and maybe most importantly, all the numbers have changed in Rule 24 so counsel will need to reacquaint themselves when drafting submissions.
Learn moreTelecommunication Carriers and the Future of Municipal Consent under the Telecommunications Act
Maurizio P. Artale and Lydia Zomparelli, City of Mississauga | April 17, 2025
Telecommunication carriers in Canada need municipal consent to install and maintain infrastructure under municipal rights-of-way (ROW) as mandated by the Telecommunications Act of Canada. Municipal consent is often granted to carriers via Municipal Access Agreements, however, the enforceability of certain provisions within these agreements can be challenged. A recent application before the Canadian Radio-television and Telecommunications Commission (CRTC) could clarify areas of dispute and shape future municipal authority over ROW access.
Learn moreDividing the Enterprise: Business Law Solutions for the Family Business Separation
Colleen Coleman Wright | April 14, 2025
This guide seeks to provide an overview of the legal considerations involved in dividing a family business during a spousal separation. It attempts to demonstrate the importance and overlap of both business and family law aspects. This guide is written exclusively however, from a business lawyer perspective.
Learn moreCollaboration and Civility between the Bar and the WSIAT: Highlights from the June 2024 OBA Program
Alec Farquhar, Co-Lead, Inclusive Design for Employment Access (IDEA) | April 09, 2025
A June 2024 OBA program brought together WSIAT adjudicators and worker/employer representatives to discuss how civility and collaboration can improve efficiency, fairness, and outcomes in workers’ compensation appeals. The session featured updates on Navigation Services, best practices for mediation and ADR, and practical guidance on disclosure, issue narrowing, and building a shared understanding of complex evidence in multi-party or occupational disease cases.
Learn moreThe Importance of Evidence in Reviewing Entitlement for Harassment
John Bartolomeo, Lawyer/Co-Director, Workers' Health and Safety Legal Clinic | April 09, 2025
In Decision No. 1543/23, the WSIAT granted initial entitlement for chronic mental stress arising from workplace harassment. The Panel gave no weight to the employer’s internal investigation and instead reassessed the underlying facts. The decision highlights the Tribunal’s role in evaluating harassment claims and the importance of clear, well-documented workplace investigations in the workers’ compensation context.
Learn moreCriminal Conviction of Alberta Physician Does Not Result in Revocation
A family doctor in Edmonton, who was convicted and sentenced in criminal law was recently disciplined by the College of Physicians and Surgeons of Alberta’s (CPSA) Hearing Tribunal after admitting to unprofessional conduct. The CPSA Hearing Tribunal determined that revoking the physician’s practice permit was unnecessary, allowing her to return to practice under specific terms and conditions.
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