Articles 2021

Aujourdʼhui
Aujourdʼhui
photo of author Carson Healey

Asleep at the Switch: Ignoring Employee Harassment Leads to a Colossal Damages Award

  • 05 novembre 2024
  • Carson Healey

Ontario’s courts have once again proven that serious consequences ensue for employers who do not protect their employees from harassment. In Stride v. Syra Group Holdings, the court issued an award of $125,000 in human rights damages and $50,000 in moral damages for the abusive and harsh treatment the plaintiff endured.

Droit du travail et de l’emploi, Student Forum

Children, Youth, and Climate Change: The Latest Decision in Mathur v. Ontario 

  • 04 novembre 2024
  • Laura Pettigrew, member-at-large, OBA Child & Youth Law Section

In October 2024, the Ontario Court of Appeal allowed an appeal in Mathur v Ontario, an ongoing youth-led climate case. The Court found that the Province voluntarily assumed a positive statutory obligation to combat climate change, meaning its target and plan need to be Charter compliant. Although the Court allowed the appeal, it declined to decide the application and instead remitted the matter for a new hearing before the same or another justice of the Superior Court.

Droit des enfants et des jeunes, Student Forum

Key Insights and Takeaways from Elder Law Day 2024

  • 04 novembre 2024
  • Alison Costa, associate, NIKA LAW LLP

On Thursday, June 20, 2024, the OBA Elder Law Section hosted its 2024 Elder Law Day which focused on addressing advanced issues in Elder Law. Participants came together to learn from experts in their field regarding the latest developments in the law and the current issues impacting our aging population.

Elder Law, Student Forum
Photo of author Caroline Bedard

Protective Orders Over Productions: A Review of Recent Caselaw

  • 30 octobre 2024
  • Caroline Bedard

In this article, Caroline Bedard provides an overview of why and when litigators should request a protective order over documentary productions. Used properly, these orders can be a useful tool in litigators' pockets. However, it is imperative that lawyers and parties understand when protective orders are appropriate.

Student Forum, Young Lawyers' Division

Court of Appeal Summaries (October 21-25)

  • 30 octobre 2024
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 21, 2024.

Litige civil, Student Forum
head-shot photo of co-author Andrew Bratt

At Last! Employers Score a Much-Needed Victory in the Battle Over Termination Clauses!

  • 25 octobre 2024
  • Andrew Bratt, Drew McArthur and Rachel Corwin

Notwithstanding the increasing scrutiny and frequent invalidation of termination provisions by trial judges, it is still worthwhile for employers to include restrictive termination provisions in employment contracts as there are numerous examples of courts upholding the language when properly drafted. The latest example is Bertsch v. Datastealth.

Droit du travail et de l’emploi, Student Forum

Proposed Changes to the Ontario Land Tribunal Rules of Practice and Procedure

  • 25 octobre 2024
  • Robert Miller and Nikolas Koschany, Davies Howe LLP

On August 20, 2024, the Ontario Land Tribunal (“OLT” or “Tribunal”) launched consultations on proposed changes to its Rules of Practice and Procedure (the “Proposed Rules”). Consultations ran from August 20 to September 27, 2024. On October 1, the Tribunal announced it was reviewing the feedback received during consultation and would provide further details once that review was complete.

Droit municipal, Student Forum

What Are You Doing for National Child Day?

  • 25 octobre 2024
  • Jean-Frédéric Hübsch, newsletter editor, Child & Youth Law Section

A quick tour of ways to celebrate National Child Day and World Children's Day on November 20. Child Day is an opportunity to learn more about children's rights and, in 2024, to commemorate the 35th anniversary of the ratification of the Convention on the Rights of the Child.

Droit des enfants et des jeunes, Student Forum

Case Commentary: ASP v. Health Professions Appeal and Review Board 2024 ONSC 438

  • 25 octobre 2024
  • Dania Bajwa, JD candidate, Lincoln Alexander School of Law, Toronto Metropolitan University

On August 7th, 2024, the Divisional Court of the Ontario Superior Court of Justice released an important decision affirming the rights of children with capacity to make decisions about their own health care under Ontario’s Health Care Consent Act, 1996. This decision marks a pivotal moment in the province’s recognition of capable children’s indisputable right to consent to medical treatments.

Droit des enfants et des jeunes, Student Forum