Submissions and Legislative Updates

Don’t Look Up: The 2023 World Justice Project Rule of Law Index was released this week, which measures how countries adhere to the rule of law. While Canada ranked 12th overall, it fell to 58th out of 142 countries when it comes to accessing civil justice without reasonable delay. This is well behind peer countries such as the United States (28th), UK (24th) and Australia (19th).

Another Notch on the Greenbelt: On Monday, October 16th, 2023, the government tabled Bill 136, Greenbelt Statute Law Amendment Act, 2023. The legislation would return the previously removed lands to the Greenbelt, and would provide extensive liability immunity to the government for any actions relating to the Greenbelt, and specifically the actions taken regarding the removals in 2022.

Comments focus on removing the requirement that administrators provide notice of registration in some cases, removing the prohibition against the use of surplus in the first valuation report, and the need for clarification on restoring previously accrued benefits for former members.

OBA supports: amending the Rules and the CJA s 140 to allow vexatious litigant orders to be obtained by motion (in addition to application) and on a judges own initiative; creating additional pathways for expedited access to the courts to pre-empt VL litigation; and creating a list of hallmarks of VLs to provide additional clarity and consistency. Special consideration needs to be given to the VL in Family Law matters.

Feed me Seymour: As the Greenbelt saga continues, there is increasing speculation about the impact all of this will have on the re-electability of the Premier and this government. The RCMP announced that their “Sensitive and International Investigations Unit” (SII) will investigate.

The OBA recommends a principles-based approach must be flexible enough to account for different Plan characteristics. Similarly, it is the OBA’s view that a Guidance document should clearly distinguish requirements from "good or best practices”.

Call Me Maybe: Global News is reporting that Doug Ford has used his personal cell phone for government business but his office is refusing to divulge his phone logs claiming the need to maintain the privacy of callers. Fun Fact: the reason government officials are not permitted to use private communication devices is to ensure there is an official record of government business.

THIS WEEK AT QUEEN’S PARK (and elsewhere) Federal Minister Joins OBA for Media Launch of Peer Support Network for Lawyers Living with Disabilities: OBA President, Kelly McDermott and Canada’s Minister of Sport and Physical Activity, Carla Qualtrough spoke to the media and special guests about the first-of-its-kind support program which is central to Ms. McDermott’s mandate. The CBC and other media outlets carried the story which will raise awareness. Learn more about this support network here.

Peer Support Network Launch: The OBA is incredibly excited to be joined by The Honourable Carla Qualtrough, Minister of Sport and Physical Activity, for the upcoming launch of the OBA Peer-to-Peer Support Network.

The OBA recognizes the paramount importance of protecting worker’s health and safety, but advocates for simplifying the proposed methodology for measuring and assessing heat exposure limits in the workplace.