Articles 2021

A recent decision of the Ontario Superior Court of Justice will likely embolden creditors and trigger more aggressive litigation over set-off claims in insolvency files.

This article focuses on the Ontario Court of Appeal decision in Ontario (Natural Resources and Forestry) v. South Bruce Peninsula (Town), 2022 ONCA 315, which provides the first judicial interpretation of “damage” to habitat under the Endangered Species Act (“ESA”).

Section 235 of Bill C-19 (which received royal assent on June 23, 2022) introduced the Prohibition on the Purchase of Residential Property by Non-Canadians Act, which prohibits Non-Canadians from purchasing, directly or indirectly, any residential property in Canada. The introduction of the bill is in accordance with one of the federal government’s primary goals of stabilizing the housing market and providing more affordable housing to Canadians.

Recent updates in Ontario and Federal pension legislation, regulatory policy and caselaw.

Here are this week's summaries of the civil decisions of the Court of Appeal of Ontario for the week of October 17,2022.

On September 30, 2022, in recognition of the National Day for Truth and Reconciliation, the authors spoke at a webinar titled "Reconciliation in the Legal Profession". During the event, they shared insights on a range of questions surrounding truth and reconciliation in the legal profession, to equip legal professionals in all practice areas with the knowledge necessary to play a more active role in truth and reconciliation. This article summarizes some of the key takeaways.

This article reviews a recent split decision from a panel of the WSIAT, whereby a majority composed of the side members denied a worker's appeal for entitlement to Chronic Mental Stress. The Vice-Chair would have allowed entitlement. The decision highlights how the weight given to subjective evidence can impact the outcome of CMS appeals.

This article provides a summary of the recent Ron Ellis Symposium hosted by the Workers' Compensation Section of the OBA. The symposium highlighted the career and impact of Ron Ellis on Ontario's workers' compensation system and his importance within administrative law.

Commentary on the Ontario Government's recent legislation allowing designated hospital staff to move patients to a long-term care facility without consent of the patient. In the authors' view, the legislation is problematic on several fronts.