Articles 2020

Top tips on filing and arguing emergency stay motions from Rafeena Rashid, former DOJ Counsel and co-founder of the boutique immigration law firm of Rashid Urosevic LLP.

In this article, Rachel Weiner summarizes the revised framework in Vavilov, identifies changes and uncertainties regarding the standard of review, and argues that the reasonableness standard is not significantly altered.

Read a brief profile of Melissa Babel, Vice-Chair of the OBA Citizenship and Immigration Section Executive.

In Kufsky v. The Queen, the Tax Court of Canada upheld a section 160 tax assessment of a shareholder who received a dividend from a non-arm’s length corporation. This article provides an overview of the case’s key facts and the Court’s decision.

In a recent decision, the SCC in R v Resolute Forest Products Canada Inc found that an indemnity against pollution claims granted by Ontario did not cover a regulatory order to remediate contamination. The SCC found that the indemnity did not cover first-party regulatory claims such as an order to prevent discharges. The decision highlights the importance of delineating the sources of contamination and conditions of a business’ property before drafting an indemnity for environmental claims.

There were three civil decisions released by the Court of Appeal this week. Topics covered included the apportionment of costs following settlement of an MVA case, the admissibility of documents in a personal injury case, and Anti-SLAPP.

In Weld v Ottawa Public Library, 2019 ONSC 5358, the Ontario Divisional Court (the “Court”) found that a decision by a Public Library to terminate a room rental agreement was not subject to judicial review as it was not made in a public capacity.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario released during the week of December 23.