Articles 2020

Greetings, fellow OBA Education Law Section members! My name is Jean-Frédéric – you can call me J-F – and I’m the chair of the section executive for the 2020-2021 membership year. This is my fourth year on this section’s executive, and I am very glad to continue working alongside a group of dedicated and engaged education law practitioners. Si cette année est votre première en tant que membre – bienvenue! Si vous êtes membre depuis longtemps, merci d’être resté parmi nous!

The IoT Guidance by the OPC provides overdue clarity on how the Personal Information and Protection of Electronic Documents Act (“PIPEDA”) applies to Internet of Things (“IoT”) devices, and guidance to manufacturers of those devices on specific security and other measures they should consider.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. The decisions were all fairly short. Topics covered included prescriptive easements, breach of contract, family law (support), the approval of a settlement and contingency fee agreement in a personal injury matter and security for costs.

The significant lengthening of civil proceedings has naturally led to an extraordinary increase in legal costs associated with these cases. Our law respecting Offers to Settle is designed to make the loser pay the winner’s legal fees. This creates significant risk in almost every personal injury case. Because of the increased expense of trials, settlement at private mediation must almost always be considered.

Welcome from the Chair and Vice-Chair of the OBA's ADR Section.

This quarterly update provides the latest legislative pension and benefit changes in Ontario and Federally, regulatory updates from the Financial Services Regulatory Authority of Ontario, the Office of the Superintendent of Financial Institutions, and the Canada Revenue Agency, as well as relevant case law developments.

The case of Calmusky, released March 16, raises questions about the distinctions between assets held jointly with a Deceased, with right of survivorship, and an asset of a Deceased that passes by beneficiary designation on the death of the Deceased. Are there fundamental and principled differences between the two, or should both be subject to the same presumptions of resulting trust? This case comment reviews the facts of case, and flags some difficulties with the result.

The author outlines whether builders can rely on "no-registration clauses" to prevent purchasers from registering a certificate of pending litigation on title to a property, even if it is the builder’s fault that a transaction cannot close.