Section Articles

Following are our summaries of the civil decisions of the Court of Appeal for Ontario from January 12, 2026 to January 16, 2026.

Subsection 247(2.1) establishes that transfer pricing rules take precedence over other tax provisions when determining transactions for Canadian corporations with related non-residents. This subsection outlines three ordering rules, introduced in Budget 2019 and legislated under Bill C-30 – these rules can be pertinent to Canadian technology firms participating in Scientific Research and Experimental Development (“SR&ED”) initiatives, particularly when a related non-resident company is involved. This article addresses potential uncertainties associated with applying these ordering rules when calculating ITCs – and subsequent sale/disposition of a developed asset via SR&ED activities.

Tax disputes follow many stages and phases. Each phase of a tax dispute from CRA audit and appeals to appealing to the Tax Court of Canada includes different practical and qualitative considerations for taxpayers. Where a taxpayer disagrees with positions and processes while at the CRA audit and appeals steps, the Tax Court of Canada offers an important check on the application of tax law. In addition to more robust rules and procedures at the Tax Court of Canada, judicial oversight can help ensure a fairer process for taxpayers when compared to the Taxpayer Bill of Rights. Adding the perspective of Department of Justice lawyers when appealing to the Tax Court of Canada can also facilitate settlement by providing a new risk assessment for the Minister.

In its 2025 Federal Budget, the Department of Finance Canada proposed certain amendments to the Income Tax Act (Canada) that are intended to simplify the qualified investment regime for registered plans. This article provides a short overview and discussion of the proposed changes.

Astle v. The King, 2025 TCC 105 (Informal Procedure), is a recent decision from the Tax Court of Canada taking up a former company director’s liability for unremitted payroll source deductions. The Tax Court dismissed the taxpayer’s appeal, finding that the taxpayer had been validly assessed by the Canada Revenue Agency within two years after the taxpayer had last ceased to be a director of the corporation. The Tax Court also concluded that the taxpayer had not established due diligence to prevent the failure to remit. While the Tax Court’s decision in this case may be understandable on its facts, the Court has continued to adopt statements from prior authorities that, respectfully, extend the reach of tax legislation beyond an appropriate construction of its text, particularly in light of the need to resort to provincial corporate law to determine when a director has resigned. That provincial authority can, and should, determine when a director has validly resigned in accordance with the prevailing body of corporate law.

When it comes to protecting intellectual property in franchising, trademarks tend to dominate the conversation, largely because the franchise system’s name and logo are often the key drivers of brand recognition and success. However, one of the assets in franchised businesses that is often overlooked are copyrighted materials.

This article explores the key aspects of a common employer finding and outlines the potential pitfalls and mitigation strategies for franchisors seeking to evaluate their own internal practices and protect their business. Ultimately, there are ways to avoid a finding of common employer status, but doing so typically requires franchisors to forego at least some level of operational control. This is not an easy decision, as franchisors must balance the need to control certain employment practices to maintain brand consistency against the risk of being deemed a common employer.  This is a highly individualized balancing act and should be assessed within the context of each franchisor’s unique model.

Ontario has implemented significant amendments to the Construction Act and its regulations effective January 1, 2026, aimed at accelerating cash flow, clarifying rights, and refining adjudication and trust mechanisms across the construction pyramid. This article condenses the principal changes and their practical consequences for construction practitioners in Ontario.

The Canadian Construction Documents Committee (CCDC) recently issued updates to four of its standard form contracts. This article focuses on changes to the following three contracts:

• CCDC 5A – Construction Management Contract – For Services;
• CCDC 5B – Construction Management Contract for Services and Construction; and
• CCDC 17 – Stipulated Price Contract Between Owner and Trade Contractor for Construction Management Projects (collectively, the “2025 CM Contracts”).

On June 16, 2025, new Rule 49.14 of the Rules of Civil Procedure came into force. The rule codifies a line of case law which imposed significant consequences on parties who failed to disclose partial settlements. This article reviews the requirements of the new rule and provides practical guidance for practitioners navigating the transition.

Picture this – you are subcontractor who has been contracted to build, weld, and otherwise complete the structural steel component of a commercial building. Your team finishes the welding – only to realize afterward that none of the workers were certified by the Canadian Welding Bureau (“CWB”), nor were they supervised by someone who was. You submit your invoice to the general contractor or the owner, but payment is refused due to "deficiencies." Can you still enforce your right to payment? According to the common law in Ontario, the short answer is unlikely.

On April 17, 2025, Earth Boring Co. Limited (EBCL) sought protection under the Companies’ Creditors Arrangement Act (the CCAA). Among the provisions of the court’s initial order was a temporary stay preventing claims being made on certain performance bonds. This temporary stay led some in the construction industry to question the value of performance bonds during an insolvency. The outcome of the EBCL case, however, demonstrates the objectives of the CCAA process can be achieved without prejudicing the rights of project owners who want to ensure that their bonded contracts are completed.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario from December 31, 2025 to January 9, 2026

In this personal reflection, Dr. Ningjing (Natalie) Zhang shares a New Year’s resolution that reshaped how she practices law, leads her firm, and lives her life: learning to be her own best friend. Drawing from her experiences as a refugee-turned-lawyer, single mother, and first-time law firm owner, she reflects on how relentless self-criticism, though often mistaken for discipline, can quietly erode resilience. Through moments of parenting challenges, professional mistakes, and emotional reckoning, she argues that self-compassion is not indulgence but essential maintenance—especially for women lawyers navigating demanding careers.

Starting a law firm in Ontario is both challenging and rewarding, requiring lawyers to make numerous strategic and operational decisions. New practitioners may choose from various business models, including fully independent practices, agency arrangements, or freelance rosters. Establishing a successful firm demands a solid business plan, careful budgeting for start-up costs, and access to essential resources such as practice management software and professional insurance. Lawyers must also meet Law Society of Ontario compliance requirements, including a mandatory practice essentials course beginning in 2025. As client development skills are rarely taught in law school, networking and marketing are critical. The Ontario Bar Association’s Solo and Small Firm Section consolidates key guidance, practical tools, and wellness resources into a single, accessible reference.

From Risk to Resilience: Cybersecurity for Legal Practices provides a practical and comprehensive cybersecurity framework for solo practitioners and small law firms. It explains why legal practices are prime targets for cybercrime and outlines common and emerging threats, including phishing, ransomware, business email compromise, and AI-enabled attacks. The report emphasizes compliance with Law Society of Ontario obligations and PIPEDA, highlights high-risk practice areas, and sets out actionable daily security measures. It includes a clear incident response plan for the first 60 minutes following a breach and offers guidance on engaging cybersecurity professionals and selecting cyber insurance. Overall, the report frames cybersecurity as an essential component of competent, ethical, and resilient legal practice.

Kathleen Robichaud emphasizes that email is a powerful but imperfect communication tool for lawyers and should be used thoughtfully and professionally. She highlights the importance of deciding whether a reply is necessary, replying only to appropriate recipients, and avoiding accidental disclosures through careless use of “Reply All” or auto-fill. Lawyers should read emails in full, keep message chains concise, and use clear, updated subject lines. Tone and formality matter, as email remains a formal communication in legal practice. Robichaud also cautions that email is insecure and unreliable, making it unsuitable for sensitive information, and stresses the value of organizing email effectively to enhance efficiency and communication quality.

Are you a 3L and still have not lined up your articling position? You are not alone. Finding an articling position takes creativity, perseverance, and planning ahead. Many in-house organizations and small firms often don’t know a year in advance whether they need an articling student, so they may not participate in the formal recruitment. Job postings by career development offices may not always list all of the available positions. This article shares tips and personal anecdotes from Hanaa Ameer-Uddin, articling student at Mercedes-Benz Financial Services Canada.

Since the last amendments to the Divorce Act came into effect in March 2021, family law in Canada has continued to evolve in response to family violence. Those amendments expanded the definition of family violence, addressed its impact on children, and updated relocation provisions, including the ability to waive notice in cases of violence. Nearly five years later, Bill C-223 (Keeping Children Safe Act) builds on these reforms by strengthening protections for children and survivors, emphasizing risk assessment, child‑focused decision‑making, and a trauma‑informed approach in family law proceedings.

For decades, the global response to environmental destruction has been a complex web of regulatory frameworks. These systems, detailed and often technocratic, have primarily operated on a principle of licensing harm and penalizing infractions with fines. But what happens when those fines are simply absorbed as a “cost of doing business”? The result is a system that has, by and large, failed to stem the tide of widespread, long-term environmental damage.

The Bora Laskin Faculty of Law marked a truly historic moment on November 17 and 18, 2025, as it welcomed the Justices of the Supreme Court of Canada (SCC) to campus as part of the Court’s 150th anniversary celebrations. The visit, which concluded the SCC’s national anniversary tour in Thunder Bay, Ontario, was both a celebration of Canada’s highest court and an unforgettable experience for students, faculty, and staff.

The modern legal client increasingly comes armed with their own AI-generated research, presenting novel challenges for lawyers. Debating a ‘machine’ that produces opinions with authority and rapidity but without legal skill or judgement, can not only cost lawyers time and erode trust, but create liability exposure. Allan Ritchie offers advice for responding with restraint to AI-fueled ‘findings’ while redirecting the conversation to the real-world decisions the client needs to make.

Recent updates in Ontario and Federal pension legislation, regulatory policy, taxation and caselaw, including overcontributions, automatic OAS enrollment, climate-related financial risks, and more.

When lawyers reference Aldous Huxley's Brave New World, they often treat "soma" as a literary symbol: a metaphor for the numbing effect of mindless entertainment. But soma is not just a metaphor; it is a product specification. It is a set of functional requirements: rapid, predictable relief from distress; minimal downside; and a secondary effect that is central, not incidental, which is social pacification. As Artificial Intelligence (AI) becomes capable of optimizing human experience with greater precision, soma stops being a philosophy seminar and becomes a governance problem. Crucially, that governance problem is not limited to the digital. A superhuman scientific capability could plausibly contribute to a literal, pharmacological soma through generative chemistry and inverse molecular design (a subject that raises its own governance challenges at the intersection of IP, bioethics, and regulatory law). But the first widely deployed soma analogues will almost certainly arrive through recommendation systems, immersive media, and bewitching AI companions. That is where entertainment lawyers need to focus.

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."

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.

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.

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?

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 8, 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 1, 2025.

I have been thinking about domestic violence and asking myself this question:  As a society, are we making any progress in dealing with this plague?

With revisions to Ontario's Rules of Civil Procedure on the horizon, read about the continued value in considering alternatives such as mediation and arbitration.

Hanaa Ameer-Uddin graduated from the University of Ottawa and now articles at Mercedes-Benz Financial Services. Her interest in corporate law traces back to growing up in a family of entrepreneurs; from a young age, she noticed the impact of business decisions on people’s lives. In this conversation, she walks us through her path from undergrad to articling and shares practical advice for law students finding their way.

Parental leave is often described as time away from one’s career, but for many lawyers, it becomes an unexpected chapter of growth, clarity, and transformation. In this candid reflection, Jessica Byles-Nolet shares how stepping back from practice during her first year of motherhood reshaped her understanding of identity, ambition, and balance. What began as a fear of losing her professional edge evolved into a profound realization: that legal skills can be strengthened outside the office, and that presence—both at home and at work—requires intention. Her story offers encouragement to lawyers navigating parental leave and redefining what it means to thrive.

This summary of the Divisional Court's recent decision in R v Bortolon, 2025 ONSC 3848, discusses key takeaways for health lawyers whose practices include professional regulation matters.

In this deeply personal reflection, Dr. Ningjing (Natalie) Zhang revisits her journey from living in a women’s shelter to becoming an immigration and refugee lawyer in Ontario. Inspired by a recent GROWL gathering, she shares three lessons she wishes she could give her younger self — lessons shaped by hardship, resilience, mentorship, and growth. This article invites lawyers, especially those from marginalized backgrounds, to rethink belonging, reject comparison, and embrace their unique stories as sources of strength.

Ontario’s immigration system is entering a period of major change. Over the past year, the OINP has expanded its enforcement powers, increased its discretion to return or cancel applications, and introduced new interview and inspection authorities through recent regulatory amendments and Bill 30. These developments have already resulted in the suspension and return of entire categories of applications, including the Skilled Trades Stream, largely due to systemic compliance concerns. At the same time, unresolved issues such as the treatment of restricted CPSO licences continue to limit eligibility for self-employed physicians despite critical labour needs. While the province is working to address some of these gaps, the overall system now faces heightened uncertainty. As Ontario moves into 2026, restoring transparency, predictability, and procedural fairness will be essential to maintaining a functional and trustworthy OINP for employers, applicants, and communities.

Read about strategic considerations that all litigators should have in mind with the upcoming changes to Ontario's Rules of Civil Procedure.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 17, 2025.

The goal of this article is three-fold: to reflect on my non-profit work experience working with children and youth, share limited relevant information about the self-contained bail regime of the Youth Criminal Justice Act, S.C. 2002, c. 1 (the “YCJA”), and briefly discuss how the proposed bail reform may affect youth bail hearings. As this goal is rather ambitious, I would only be able to scratch the surface of the last item. I leave the invitation to other counsel to contribute to this important discussion.

The Supreme Court of Canada’s ruling in Kosicki v. Toronto represents a pivotal development in Ontario property law, offering much-needed clarity on the application of adverse possession to municipal lands. The decision provides a practical precedent for homeowners asserting possessory title over public land. 

The OBA held its annual Privacy Law Summit on October 15, bringing together privacy lawyers and professionals from across the country. Over 20 experts in the field spoke on a wide range of timely topics, from the rapid evolution of artificial intelligence to practical privacy governance within organizations. This article sums up some of the key insights shared by these highly regarded speakers and highlights important takeaways to keep in mind as we head into 2026.

In a recent decision of the Ontario Court of Justice, R. v. X.C., 2025 ONCJ 366, Justice Jones provides important clarification as to how this provision of the YCJA should be interpreted. Specifically, Justice Jones contends with the definition of “at trial.” At the heart of Justice Jones’ analysis is the conclusion that a young person is “at trial” from the moment they have indicated they want to contest their charges.

Three recent Ontario court decisions offer employers a welcome shift and much-needed insight into the types of termination provisions that will withstand judicial scrutiny. Two of the decisions confirm that the presence of the phrase “at any time” is not necessarily fatal to the enforceability of a termination provision, while the third decision limits Dufault v. The Corporation of the Township of Ignace’s reach by refusing to extend the reasoning in Dufault to compensation agreements that are separate from the employment contract itself.

Recently, the Canadian Human Rights Act's monetary cap of $20,000 was challenged before the Federal Court in Parkdale Community Legal Services v. Canada. While the Court recognized that the damages cap has remained stagnant for 25 years, it ultimately concluded that the issue was a policy issue, and not an issue that would be appropriate for Court comment.

On October 31, 2025, the Minister of the Environment, Conservation and Parks (the “MECP”) announced the Province’s intention to create the Ontario Provincial Conservation Agency through forthcoming legislation. This article reviews these changes and previous changes to conservation authorities in Ontario over the past eight years.

Is a decision from a municipal committee of adjustment a matter of public or private importance? A recent trilogy of cases from the Ontario Divisional Court has split on this very issue, raising the important question of whether, and when, aggrieved third parties have standing to apply for a judicial review of such decisions.

Two recent decisions of the Ontario Superior Court of Justice consider the consequences of parties' failure to attend examinations for discovery in the wrongful dismissal context.

A sequel to Mitchell Rose' "The Totally Not Fake Dictionary of Ontario Employment Law".

Smart contracts are poised to reshape the way many businesses negotiate, store, and execute their agreements. In 2024, smart contracts – which store and execute agreements on a Blockchain – made up USD $2.02 billion in global transactional value, with projections forecasting that figure to reach USD $815.86 billion by 2034. In light of this rapid growth, this article looks to explore the ‘what, why, and how’ of smart contracts from the practitioner’s point of view, preparing them for a new frontier in commercial law by providing a list of best practices to adopt.

The OBA Immigration Section hosted a session with CBSA officials and senior immigration lawyers to discuss evolving port of entry issues, including TRPs, criminal rehabilitation, work permits, flagpoling, section 44 reports, enforcement flags, and searches of electronic devices. CBSA emphasized the importance of complete, well-organized applications and confirmed that officers cannot pause adjudications to request missing documents. Criminal rehabilitation applications should generally be submitted to consulates, not at the border, due to the risk of refusal. Flagpoling restrictions continue nationwide, and TRPs cannot be used to bypass them. For work permits, clients should bring full documentation and ensure processing occurs before leaving the port. Enforcement flag removals must be approved by a minister’s delegate, and CBSA clarified that device searches are limited to cases with reasonable grounds, with safeguards for solicitor-client privilege. The discussion highlighted that preparation, completeness, and client awareness are key to success at the border.

As the rights of the American 2SLGBTQIA+ community, and in particular the trans community, continue to be under serious attack, many 2SLGBTQIA+ Americans are beginning to consider immigration to Canada, where they may experience greater legal protections. Adrienne Smith, an immigration lawyer who assists 2SLGBTQIA+ individuals in her practice, discusses the recent uptick in immigration inquiries from trans and non-binary Americans, and the challenges these individuals face in making a refugee claim in Canada.

Per- and polyfluoroalkyl substances (PFAS) are a large class of synthetic compounds valued for their resistance to heat, water, and oil. Their chemical stability has driven widespread industrial and commercial use, but also results in environmental persistence and potential health impacts. Recent developments include Health Canada’s updated drinking-water objective, the Government of Canada’s Final State of PFAS Report and proposed Risk Management Approach, and publicly reported mapping of PFAS hotspots nationwide by the CBC and The Globe and Mail. Class actions are also on the rise, largely addressing property-value impacts due to the stigma of PFAS contamination in residential drinking water.

Prospective franchise clients often ask when they should retain a lawyer. My answer is almost always the same. A franchisor client should retain a franchise lawyer from the moment they try to franchise their business. Conversely, a franchisee client should retain a franchise lawyer as one of the last steps in the process.

More than ever, franchise brands need to ensure that there are mechanisms, procedures and protocols in place to alter their system standards to readily adapt to changes in the market and to consumer demands. Franchisors in the restaurant industry, in particular, should regularly review and update their operations manual and their franchise agreements to ensure that franchisee operations are able to adapt and stay consistent in response to market changes and to rapidly evolving consumer expectations that exist in the post-pandemic era. This article summarizes some of recent changes to food and drink legislation, and health and safety initiatives, as well as recent developments in sustainability practices that restaurant brands have had to adapt to.

Franchise agreements commonly include so-called “entire agreement” clauses. These are contractual provisions that seek to exclude any statements, representations, and agreements that were made outside of the written franchise agreement. This article identifies the principles the courts rely upon when interpreting and applying entire agreement clauses in franchise disputes, identifies the key cases considering this issue, and offers practical advice for counsel engaged in disputes concerning entire agreement clauses.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 27, 2025.

Discussion of recent BC Workers' Compensation Appeal Tribunal decision on how to handle AI submissions that include legal citation hallucinations and takeaways for adjudicators.

In a world where social media stars reach millions of viewers, the power of a single post can rival traditional advertising campaigns. From A-list celebrities to niche online personalities, influencer marketing has revolutionized how brands connect with their audiences, transforming personal recommendations into highly effective sales tools. Yet behind the glitz and viral content lies a complex maze of legal regulations that advertisers must navigate with care. Ignoring these rules isn’t just risky; it can result in serious consequences for advertisers - even if the influencer is ultimately responsible for the breach.

This week, I had the chance to attend a fascinating and insightful panel discussion, “Copyright in the Age of AI: Legal Implications and Emerging Issues,” hosted by the OBA Entertainment, Media & Communication Law and IT & IP Sections. The panel featured speakers from Cassels Brock & Blackwell LLP, Fasken, and CBC/Radio-Canada who shared their incredible knowledge and perspectives on how artificial intelligence is reshaping copyright law. As a law student interested in intellectual property and technology, it was eye-opening to hear how quickly AI is challenging long-standing legal concepts.

Current Canadian copyright law faces a growing challenge in addressing creative works generated or assisted by artificial intelligence (AI). The law remains rooted in traditional notions of human authorship, leaving a gap between technological capability and legal recognition. While the United States, United Kingdom, and other jurisdictions have begun to develop guidance and case law in this area, Canada lags, creating uncertainty in authorship, ownership, and enforceability—particularly for those working in film, television, music, and digital media.

The article analyzes how Budget 2025 aims to promote innovation in Canada, and presents a growth opportunity for business lawyers in the space.

The 2025 Annual Report to Parliament on Immigration confirms that Canada’s immigration system is entering a period of restraint after years of rapid expansion. Permanent resident admissions rose only slightly to 483,640 in 2024, while temporary streams saw sharp declines, new study permits dropped by more than 40 percent, from nearly half a million in 2023 to under 300,000, and work permits fell from 946,000 to about 905,000. Settlement agencies also served fewer clients, and the pool of temporary residents in Canada has begun to shrink, signalling fewer future pathways to permanent status. The report attributes these declines to new federal measures, particularly the study-permit cap and closer alignment of immigration with housing and labour capacity. The message from Ottawa is clear: the era of unrestrained growth has ended, and Canada is deliberately slowing intake to restore balance. For applicants and practitioners, this means a more competitive environment, tighter quotas, and the need for earlier, better-prepared, and more strategic applications.

A recent Federal Court of Appeal decision about medical psilocybin use exemptions is a great illustration of the administrative law principle that a significant policy shift must be adequately explained.

In recent years, Artificial Intelligence (AI) has dominated the news and is frequently used as an umbrella term encompassing a wide array of technologies, many of which predate modern AI. In its true sense, AI refers to systems that are designed to mimic human intelligence, including learning, comprehension and problem solving. However, not all technologies currently being promoted under the AI designation meet this definition. While AI is expected to have sweeping and transformative effects across numerous professions, including the legal sector - it is important to remember that all types of technologies can create opportunities and risks. Within this context, in-house counsel are increasingly adopting new technological solutions to streamline their workflows and enhance efficiency to add value to their organizations. From contract management to governance, incorporating technology into daily practice is reshaping how in-house legal teams operate within the business. This article highlights several practical ways in-house counsel can leverage technologies apart from AI to optimize their functions.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 20, 2025.

To open this newsletter season, we are delighted to feature an inspiring conversation with Jay Rudolph, the recipient of the 2025 OBA  Award of Excellence in ADR. Jay’s work and reputation in the field of mediation have long earned him the respect of colleagues, clients, and peers across the profession. I had the honour of sitting down with Jay to talk about his practice, his aspirations, and moments of reflection that reveal both nostalgia and gratitude. Our discussion offered a window into the thoughtful and grounded approach that has defined his career and the deep sense of purpose that continues to guide his work.

The Ontario Court of Appeal decision in Ontario (Transportation) v. J & P Leveque Bros. Haulage Ltd., 2025 ONCA 573, provides critical guidance on the interpretation of dispute resolution provisions in standard form government construction contracts and the limitation periods pertaining to same.

This article explores including tolling agreements directly within one’s construction contract, obviating the need to commence an action prematurely to avoid losing their claim due to the Limitations Act.

When schedule delays impact important contract milestones beyond key deadlines, a recovery schedule may be the only chance a project has to achieve those milestones. This article explores lessons learned from two projects that were significantly delayed and used recovery schedules to achieve project success, and discusses guidelines from the AACE Recommended Practice 54R-07, “Recovery Scheduling – As Applied in Engineering, Procurement, and Construction.”

On May 28, 2025, a precedent-setting order was issued in a Companies’ Creditors Arrangement Act (“CCAA”) proceeding preventing calls on performance bonds by obligees unless the written consent of the insolvent companies and monitor is obtained, or leave is granted by a commercial court judge.

The question at the heart of this article is whether the appropriate standard of care in negligence related to the maintenance and use of police databases by law enforcement and other related agencies should be interpreted in light of the Charter value of equality. In the authors’ view, the standard of care in negligence cases against law enforcement has been a relatively low bar and has been informed by law enforcement policies. The authors take the position this is true of cases involving police databases as well. Recently, the Supreme Court of Canada and the Ontario Court of Appeal have recognized that the over-policing of minorities violates the equality guarantees in s. 15 of the Charter. In the authors’ view, the data stored in police databases reflects the reality of this discriminatory over-policing. Put differently, the authors take the position that over-policing results in the over-representation of racial minorities in police databases. Given the underlying constitutional violations associated with over-policing, it is the authors’ position that cases involving the negligent maintenance or use of such databases engage the Charter value of equality. Charter rights are conceptually distinct from Charter values, but Charter values nevertheless underpin each Charter right and give it meaning. Charter values can apply even where a Charter right is not engaged. Tort law has long been developed in light of Charter values. In the authors’ view, the tort of negligence should be similarly developed. Specifically, when formulating and applying the standard of care in relation to the maintenance and use of police databases, courts should appropriately scrutinize existing policies and procedures, including any discriminatory impact of seemingly neutral policies.

Every four years marks a new provincial election cycle in Ontario. Each cycle, registered political parties are forced to contend with how, and through what mediums, they will drive Ontarians to the polls and communicate their political messaging. These considerations are increasingly important as advertisement media shifts and Ontarians’ central concerns evolve from cycle to cycle. This is not a concern for registered political parties alone, however. Third parties are also engaged in political advertising, albeit the extent of that advertisement during the 12 months before a provincial election writ period differs than that for registered political parties. In Ontario (Attorney General) v. Working Families Coalition (Canada) Inc., 2025 SCC 5 (“Working Families”), the Supreme Court of Canada explored the constitutionality of this differentiation.

This is your occasional dip into what child rights researchers and advocates have been up to of late. You’ll also want to read on for some helpful links as you get ready for National Child Day on November 20.

Your Child and Youth Law Section executive committee has put together three(!) upcoming events for anyone whose practice intersects with the rights and interests of children.

Each year, many of the Ontario Bar Association’s sections recognize those members who have made exceptional contributions to their areas of practice. This year, two longtime contributors to the Child and Youth Law Section are being recognized by their colleagues for their various accomplishments.

A significant legislative shift is underway in both Ottawa and Queen’s Park, one that should command the attention of lawyers in environmental, Indigenous, and administrative law. Federal Bill C-5 and Ontario’s Bill 5 are united by a common objective to accelerate major projects in the name of national and provincial prosperity. However, the legal mechanisms they employ to achieve this speed are prompting serious questions about constitutional duties, procedural fairness, and the future of regulatory certainty.

How do we, as lawyers, guide our clients through CAS involvement? Arguably, the answer lies in striking a careful balance: cooperating with the Society while maintaining strategic advocacy in our client’s best interests. It means helping the client engage meaningfully with CAS, without exposing themselves to unnecessary risk, self-incrimination, or the erosion of their legal rights.

The article discusses the growing need for accessible intellectual property (IP) legal support in Ontario, especially for small businesses, startups, and early-stage entrepreneurs who face financial and informational barriers to protecting their ideas. Despite Ontario’s status as a thriving innovation hub, current legal resources—especially in IP—are insufficient to meet the demand. To address this gap, university-based pro bono IP clinics are emerging as a key solution. The article focuses on the Western Intellectual Property and Innovation Legal Clinic (WIPILC) at Western University’s Faculty of Law, led by Dr. Bassem Awad. Founded in 2021, the Clinic helps innovators across Southwestern Ontario understand and protect their IP while offering law students practical, hands-on legal training.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 13, 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 6, 2025.

October 1, 2025 marked the 40th anniversary of the WSIAT, the Office of the Employer Adviser, and the Office of the Worker Adviser. This article traces their shared origins in the 1980 Weiler Report and the sweeping reforms that shaped Ontario’s modern workers’ compensation system.

In 2026 the Civil Rules Review Working Group (CRRWG) is looking to bring changes which include the elimination of Examinations for Discovery and replacing it with an early disclosure of all affidavits from all anticipated trial witnesses and documentation to be used at trial. Among the proposed reforms, the elimination of discoveries is by far the most discussed and striking proposal for litigators. Without oral testimony prior to trial, lawyers lose the critical opportunity to assess a plaintiff’s credibility and identify inconsistencies in their affidavits or documents. With trial being the first time evidence is heard, both parties may face unexpected developments, making it harder to anticipate and counter arguments. The elimination of discovery also removes the ability to request undertakings for key documents. Under the proposed 'documentary disclosure', there’s concern that parties may withhold materials that could support the opposing case. Without the mechanism of undertakings, obtaining crucial evidence may become significantly more challenging.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 29, 2025

For Aboriginal law practitioners in Ontario, navigating the fiscal landscape for First Nations clients often begins and ends with section 87 of the Indian Act, R.S.C., 1985, c. I-5. While crucial, its exemptions are limited and focused more on reserve. The real story of modern First Nations governance, however, is being written through the exercise of inherent tax authority. This shift from tax exemption to tax jurisdiction is a powerful tool for self-determination, and lawyers must be equipped to guide their clients through the evolving frameworks available.

Is municipal parkland immune from claims of adverse possession, and what role does the common law have in claims of adverse possession? In Kosicki v Toronto (City), 2025 SCC 28 (Kosicki), the Supreme Court of Canada (the SCC) answered these questions in a decision that likely has broader implications on the application of statutory law in Canada.

This Article examines Barrie & District Association of Realtors v. Information Technology Systems Ontario (2025 ONSC 3388), where the Ontario Superior Court upheld a not-for-profit’s authority to amend membership rules under the ONCA. The court dismissed BDAR’s challenge to ITSO’s by-law changes, finding they were valid, clear, and made in good faith to preserve ITSO’s independence. Justice Mathai emphasized judicial deference to internal governance decisions absent bad faith or procedural unfairness. The decision affirms that not-for-profits may adapt their governance structures to evolving needs, particularly in competitive, networked sectors like MLS systems, so long as changes are procedurally sound and aligned with corporate purpose.

In July 2025, the Federal Court of Canada certified a drip pricing class action for the first time but declined to certify the plaintiff’s double ticketing claim. In Deane v. Canada Post Corporation, 2025 FC 1194, the Federal Court provides important guidance on the drip pricing framework under the Competition Act and clarified the difference between drip pricing and double ticketing.

For over a decade courts have grappled with the question of what amounts to a ‘public correction’ for a Part XXIII.1 secondary market securities misrepresentation claim under the Securities Act. One issue that has repeatedly arisen but has not been resolved is whether there can be a ‘partial public correction’ of a misrepresentation.

In Carcillo, the Court of Appeal for Ontario engages in a careful review of the law concerning class actions grounded in claims of systemic negligence and institutional abuse, and underscores the importance of a detailed litigation plan at certification.

Sellars v. Canada (Attorney General), 2025 FC 1477 provides guidance on when the deferral of statements of defence may be appropriate in a proposed class action brought before the Federal Court.

Free for OBA members, the OBA AI Academy offers self-paced modules, a secure practice space, and LawQi, an AI guide built for lawyers. After completing the lessons, I stress-tested LawQi on dense tax provisions like EIFEL and thin cap. The Academy also blends learning with a dash of fun, thanks to a points system and a leaderboard for bragging rights.

This article examines the recent Federal Court of Appeal decision in Canada v. Vefghi Holding Corporation, 2025 FCA 143 which provides the answer to a longstanding technical question, namely, the point in time governing the determination of “connected status” in respect of dividends received by a corporate beneficiary and payor corporation in a “trust sandwich” structure.

Ten tips for lawyers to keep in mind when preparing an estate plan in order to avoid litigation, tax burdens, and family conflict.

Read an update on the digital modernization of the Superior Court as summarized in Chief Justice Morawetz's remarks at the Opening of the Courts 2025.

A round-up of topics discussed at the first Brown Bag Lunch meeting of the 2025/2026 OBA term.