Articles 2020

Today
Today

A Ruff Day in Family Law: Deciding Who Gets the Family Pet in a Separation

  • January 31, 2023
  • Olivia Koneval-Brown, Mann Lawyers LLP

Many people consider their pet to be a member of the family, but what happens to the pet when there is a breakdown in the human relationship? In this article, Olivia sets out the factors that a Court will look at when determining pet ownership after a separation.

Student Forum, Young Lawyers' Division

OLT Clarifies When an Application is “Made”, “Received” and “Complete”: Burlington 2020 Lakeshore Inc. v Burlington (City)

  • January 30, 2023
  • Rachel McVean, solicitor, Legal Services Division, Corporate Services Department, City of Hamilton

When is an application made? In this Burlington case, the OLT held that it was not "made" until all materials required by the City were filed. Before then, the application was "neither complete, made, nor received." The Tribunal considered Planning Act s. 22.1, which references receipt of materials required by ss. 22(4) and (5). This decision may be of assistance in calculating the new application fee refund periods (ss. 34(11) and s. 41(12)).

Municipal Law, Student Forum

No Just Cause for Termination Despite Teacher’s Lack of Professional Judgment

  • January 30, 2023
  • Aileen Gardiner

Teachers must behave professionally and respect boundaries in their relationships with students; however, a failure to do so is not necessarily just cause for dismissal. Before dismissal, the school board may be expected to provide guidance on the boundary between being a “caring adult” and inappropriate conduct.

Education Law, Student Forum

Court of Appeal Finds Section 8 of the Charter's Privacy Protections Apply to Employees in School Workplaces

  • January 30, 2023
  • Andrew Easto

This detailed case summary reviews the Ontario Court of Appeal's decision in Elementary Teachers Federation of Ontario v. York Region District School Board. In this groundbreaking decision, the Court of Appeal held that section 8 of the Charter applies to the actions of principals conducting workplace investigations. Further, the Court found that the Board’s investigation violated the teachers’ reasonable expectation of privacy and constituted an unreasonable search under section 8.

Constitutional, Civil Liberties and Human Rights Law, Education Law, Labour and Employment Law and 1 more..., Student Forum