Articles 2021

There were only two substantive civil decisions release by the Court of Appeal for Ontario this past week. Both related to the enforcement of settlements, one of a debt, the other of a medmal claim.

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp Inc v Babstock, released on July 24, 2020, the Supreme Court of Canada killed off the concept once and for all. What is waiver of tort, how did it arise in this case, and why its sudden demise?

First published in 2014 by the Charitable Property Program of the Office of the Public Guardian and Trustee, this article has been updated and provides guidance on how to obtain a court order in connection with certain charitable matters.

The government's response to COVID-19 has been, thankfully, to create various benefits for suffering workers. The result, however, is potential overlap of compensation schemes that leave employees confused and in danger of "double dipping." This article discusses one area of overlap: receipt of COVID-19 benefits and Loss of Earnings (LOE) benefits for injured workers.

Long-awaited amendments to Ontario's Arthur Wishart Act have now come into force. This article highlights the new amendments and provides insight into their interpretation and potential impact.

Earlier this month, Ontario’s Patient Ombudsman released a special report, Honouring the voices and experiences of Long-Term Care Home residents, caregivers and staff during the first wave of COVID-19 in Ontario (the "Report"), calling for major changes to prevent further tragedies in the Province's Long-Term Care sector during the second wave of the COVID-19 pandemic.  

The COVID-19 pandemic significantly impacted the regulation of health professionals in Ontario. On October 7, 2020 the OBA’s Health Law Section hosted a timely webinar where we heard from both the regulators and the defence counsels’ perspectives. This article discusses some of the highlights and take-away points of the program.

The resulting effect of Bill 138, the Plan to Build Ontario Together Act, on the province’s healthcare regime has already been interpreted by the Ontario Superior Court in a recent decision, shedding light on the practical implications of some of these amendments and how they may impact ongoing disputes related to a physician’s billings. The case of 1582235 Ontario Limited v Ontario, 2020 ONSC 1279, addresses issues on the current OHIP billing process.

“Gikinoo-amaadiwin” in Anishnaabemowin means “teaching” or “education.” In traditional Anishinaabeg culture, children were given teachings in the form of stories, and these stories were meant to elicit understanding about values and give the listener a new piece of wisdom about the world around them. Education was held in high regard, and for this reason it was entrusted to the Elders, the most highly regarded members of First Nations’ society.

Just as teachers and school boards are grappling with the new realities of COVID-19 in classrooms, parents have taken the issue of online versus in-person learning to courts. A series of recent court decisions has outlined a list of factors utilized in determining whether a child is to be enrolled in an in-person or online platform for the current academic year.