Articles 2020

Aujourdʼhui
Aujourdʼhui

Municipal Liability in Negligence: Recent Developments in 2021

  • 10 janvier 2022
  • Sarah Hahn and Matt Hodgson, Barriston Law,

2021 has been an interesting year with respect to municipal liability and the law of negligence. In October, the Supreme Court of Canada released its decision in Nelson (City) v. Marchi, 2021 SCC 41, while in June the Ontario Court of Appeal released its decision in Charlesfort Developments Limited v. Ottawa (City), 2021 ONCA 410.

Droit municipal, Student Forum

Modular Construction: Growing Methodology and its Legal Implications

  • 07 janvier 2022
  • Karen Groulx & Dragana Bukejlovic (with special thanks to Hala Abdul Ghani, articling student at Dentons Canada LLP)

This article explores the legalities surrounding modular construction. Modular construction is a process in which a building or structure, or components thereof, are constructed off-site, in a factory-like setting. While modular construction has existed for some time, today it remains an under-utilized building or construction process in Canada, comprising only 3% of North American new builds. It is clear that modular construction will have a place in the future of building in Canada. 

Droit de la construction et infrastructure, Student Forum

Comparing Lien Regimes: A Brief Insight into the Michigan Construction Lien Act

  • 07 janvier 2022
  • Daniel Fridmar

Construction Law is unique to almost every geographical region. Learning one region's laws, however, could be beneficial to advancing laws in our own. In this piece, the author explores specific provisions under the Michigan Construction Lien Act and suggests how these provisions may benefit Ontario's Construction Act.

Droit de la construction et infrastructure, Student Forum

“Physical Damage” Means “Physical Damage”: Who knew?

  • 05 janvier 2022
  • Dennis Ong

The release of MDS Inc. v. Factory Mutual Insurance Company from the Ontario Court of Appeal, rounded out 2021 with another major insurance-related appellate decision primarily authored by Justice Julie Thorburn (also responsible for crafting the written reasons in the seminal multi-insurer coverage decision, Markham (City) v. AIG released in mid-2020). This article summarizes why the MDS v. Factory Mutual decision is important for any insurance-related and contractual interpretation dispute.

Droit des assurances, Student Forum

In Case You Missed It: Top Legal Pandemic Issues for Health Care Providers for the Fall of 2021

  • 05 janvier 2022
  • Nicole Fielding - Koziebrocki Law

The legal issues affecting health professionals since the onset of the COVID-19 pandemic have continued to evolve with society’s response to COVID-19. The recent rollout of vaccinations brought unprecedented challenges for health professionals struggling to navigate this new legal landscape. In November, the OBA’s Health Law Section presented a program which addressed some of the most current issues facing both health law lawyers and regulated health professionals.

Droit relatif à la santé, Student Forum

9 Questions Between Generations

  • 05 janvier 2022
  • Jennifer O'Dell

In our second installment, we asked Lonny Rosen and Joshua Lerner the same nine questions and recorded their responses. Lonny is an experienced health law advocate and founding partner of Rosen Sunshine LLP, while Joshua is a fourth year associate at the firm.

Droit relatif à la santé, Student Forum

Remembering Justice Glenn Hainey

  • 04 janvier 2022
  • Ian M. Hull, Hull & Hull LLP, and Rebecca Kennedy, Hull & Hull LLP,

The Honourable Justice Glenn Hainey passed away in October. He had a remarkable career and his contributions to the estates world during his time on the bench at the Toronto Estates List cannot be overstated. He will be greatly missed by the estates bar.

Student Forum, Droit des fiducies et des successions

Your Comprehensive Guide to Will Challenges (Part 4 of 6): Preparing for Trial

  • 04 janvier 2022
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

The manner in which the steps leading up to a Will challenge trial are dealt with can have a significant impact on how the proceeding is ultimately concluded. In this article, Charlotte Hobson shares a summary of the fourth session of the Trusts and Estates Sections program dealing with Will challenges. This session addressed important steps including mediation, examinations, and retaining an expert witness.

Student Forum, Droit des fiducies et des successions

Your Comprehensive Guide to Will Challenges (Part 3 of 6): Navigating the Procedure and Orders Giving Directions

  • 04 janvier 2022
  • Charlotte Hobson, summer student, Lenczner Slaght LLP

At the third session of the OBA's Will Challenges program series, the speakers' focus was on procedure and orders giving directions. Panelists explained the differences between proceeding by action or application, and factors to consider in determining which is most appropriate. There was also a helpful discussion about some terms of an order giving directions that are particularly relevant in Will challenges. Charlotte Hobson shares her experience attending the program.

Student Forum, Droit des fiducies et des successions