Articles 2021

Aujourdʼhui
Aujourdʼhui

Local Planning Appeal Tribunal - Proposed Interim Hearing Format

  • 16 juillet 2020
  • Christie Gibson and Andrea Wilson-Peebles

Links to the following resources provided by the LPAT are contained in this article: 1. Video Hearing Guide; 2. Sample Procedural Order for Video Hearings; and 3. Acknowledgment of Expert's Duty Form.

Droit municipal, Student Forum
Mandatory Mediation in Ontario: Taking Stock After 20 Years

Mandatory Mediation in Ontario: Taking Stock After 20 Years

  • 16 juillet 2020
  • Jennifer L. Egsgard

For nearly 20 years mediation has been required in most civil litigation proceedings in Toronto, Ottawa and Windsor through the Ontario Mandatory Mediation Program. Twenty years later, it is worth taking stock of the program: why and how was it introduced, how has it changed, and what do Ontario lawyers think of mandatory mediation now?

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

The Impact of High Conflict Family Law Lawyers on Separating Families

  • 09 juillet 2020
  • Steve Benmor

This article starts with an historical tour of how family law used to be practiced, and how it has changed since the introduction of the Family Law Rules. For some, ahem, older counsel, this will be a trip down memory lane, but for many Steve’s portrait will be completely foreign. Imagine practicing family law without the Rules! This article reminds us all that, despite the Rules now in place, counsel must constantly be aware of their own actions and how they may affect a family law case.

Droit de la famille, Student Forum

Access to Justice Challenges: COVID-19 and Support Obligations (Part 2 of 2)

  • 09 juillet 2020
  • Vanessa Lam

Part 2 of Vanessa Lam's two-part series delves into how the courts have actually been dealing with applications to change support during the pandemic. Vanessa’s work includes information on how the government has acted during this time of uncertainty where reduced incomes in one household may be relied upon by another household to provide support at the same or similar pre-pandemic levels.

Droit de la famille, Student Forum

A Huge Problem Without a Clear Answer: COVID-19 and Support Obligations (Part 1 of 2)

  • 09 juillet 2020
  • Vanessa Lam

While we know that COVID-19 has had an impact on family law cases, Vanessa Lam’s two part series gives an in-depth analysis of how support obligations may have been affected by the pandemic. Part 1 offers a refresher on some of the principles underlying support, including the test a litigant must meet if s/he seeks to change a support obligation.

Droit de la famille, Student Forum

Children and Youth Privacy Rights Enhanced under Part X of the CYFSA- Panel Summary

  • 09 juillet 2020
  • Kimberley Ishmael and Sakshi Chadha

Co-chair Kimberley Ishmael summarizes the highlights of a program discussing the new rights and obligations stemming from Part X of the Child, Youth and Family Services Act. The program, which was held by webcast on June 25, 2020, was jointly hosted by the OBA's Privacy and Access to Information Law Section and Child and Youth Law Section.

Droit de la protection de la vie privée, Student Forum

Victory for Midwives as Divisional Court Dismisses Ontario’s Judicial Review Application

  • 08 juillet 2020
  • Saba Ahmad

Ontario’s midwives have won another round of litigation, in a pay equity saga stretching back almost a decade. Late last month, the Divisional Court rejected the province’s Judicial Review application of two decisions of the Human Rights Tribunal (“Tribunal”). This article summarizes the Divisional Court's decision.

Droit administratif, Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Program Recap: New Privacy Obligations under the Child, Youth and Family Services Act

  • 07 juillet 2020
  • Bridget McInnis, JD (Certificate in Aboriginal Legal Studies), MSW

On June 25, the OBA convened a webinar panel of legal practitioners in the field of child and youth law to discuss the impact that Part X of the Child, Youth, and Family Services Act will have on service providers, and the challenges that are likely to arise throughout its implementation across the province.

Droit des enfants et des jeunes, Student Forum

Brown Bag Lunch – June 16, 2020

  • 07 juillet 2020
  • Rebecca Rauws, associate, and Devin McMurtry, articling student, Hull & Hull LLP

The last Brown Bag Lunch of the term saw participants revisiting last month's discussion of the and comparing approaches to drafting Wills where the testator holds a RIF, speculating about increased probate and capital gains taxes in the future, and expressing frustration at probate application delays resulting from the court closure. Join in on the discussions in September, when the BBL reconvenes for a new term.

Student Forum, Droit des fiducies et des successions