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

Court of Appeal Summaries (December 9-13)

  • December 19, 2024
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 9, 2024.

Civil Litigation, Student Forum

How are Municipalities Calculating Community Benefits Charges? A Case Study from the Town of Innisfil

  • December 17, 2024
  • Carina Reider, assistant town solicitor, Town of Innisfil

Community benefits charges (“CBC”) are a new funding tool authorized under s. 37 of Ontario’s Planning Act (the “Act”) that allow municipalities to impose a charge against higher density development to pay for capital costs related to developments and redevelopments. CBCs can only be levied against mid- to high-density buildings that are five or more storeys and contain 10 or more residential units.

Municipal Law, Student Forum

Class-wide Discoverability: Court of Appeal Clarifies Limitations Defences in Fehr v. Sunlife

  • December 16, 2024
  • Adam Gilani

This article summarizes Fehr v. Sun Life Assurance Company of Canada, 2024 ONCA 847, in which the Ontario Court of Appeal upheld the dismissal of a motion to add a new common issue in a class action after certification. The court ruled the claim for "investment spread" increases was statute-barred because it was discoverable in 2016 when relevant documents were disclosed by the defendant, emphasizing that the knowledge of class counsel could be imputed to the entire class.

Class Actions, Student Forum
head-shot photo of author Katherine Shadbolt

How to Detect and Establish Fraudulent Conveyances in Family Law

  • December 12, 2024
  • Katherine Shadbolt

When it comes to suspected fraudulent conveyances, lawyers are often forced to become detectives, digging deep into where assets and funds may have been transferred and demonstrating a pattern of a payor spouse moving funds or selling assets, without a reasonable explanation, right around the time monies are coming due to the other spouse. Katherine Shadbolt shares the investigation techniques that should help you make your case.

Family Law, Student Forum

Canada’s Immigration Paradox: Tightening Pathways Amid Political Calculations

  • December 12, 2024
  • Aminder Kaur Mangat

Canada is tightening immigration pathways ahead of the 2025 election, raising CRS cut-offs and imposing stricter LMIA rules. These changes hinder skilled workers and international students from achieving permanent residency, citing public concerns over housing, healthcare, and labour markets. With reduced targets for coming years, policymakers face the challenge of balancing voter concerns with demographic and economic needs.

Citizenship and Immigration Law, Student Forum

Supreme Court Hears Landmark Immigration Case: Dorinela Pepa v. Minister of Citizenship and Immigration

  • December 12, 2024
  • Aminder Kaur Mangat

The Supreme Court of Canada’s hearing of Dorinela Pepa v. Minister of Citizenship and Immigration could reshape immigration law. At issue: whether the Immigration Appeal Division fairly denied an appeal, balancing procedural fairness against administrative efficiency. The decision will have major implications for statutory rights and justice in Canada’s immigration system.

Citizenship and Immigration Law, Student Forum

Ontario Superior Court Decision Highlights Importance of Properly Drafting By-laws

  • December 11, 2024
  • Esther S.J. Oh and Urshita Grover

The authors examine Mississauga Majors v. Provincial Women’s Softball Association, in which the Applicant, the Mississauga Majors Baseball Association, a not-for-profit corporation that offers baseball and softball leagues exclusively for youth and young adult females (the “Majors”), sought a declaration from the court directing the Respondent, the Provincial Women’s Softball Association, which is the governing body for women’s softball in Ontario, to comply with its by-laws.

Charity and Not-For-Profit Law, Student Forum

Court of Appeal Summaries (December 2-6)

  • December 10, 2024
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 2, 2024.

Civil Litigation, Student Forum

Court of Appeal Summaries (November 25-29)

  • December 05, 2024
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 25, 2024.

Civil Litigation, Student Forum