Articles 2023

Today
Today

2019 CCAA Amendments and their Impact on First-Day Relief

  • June 30, 2021
  • Namrata Bhagia, Michael MacNaughton Student Writing Award finalist

The purpose of this article is to determine the practical implications of the CCAA amendments on timeline of initial stay order and first-day relief. In doing so, the initial orders in Clover Leaf Holdings Company, Re, Lydian International Limited (Re), and Laurentian University of Sudbury will be briefly analysed and compared.

Insolvency Law, Student Forum

The Separation of Statutes: The Effects of Bankruptcy on Spouses

  • June 30, 2021
  • Nadine Saba, Michael MacNaughton Student Writing Award finalist

In this paper, the author argues that legislative reform is necessary to ease the impact of the treatment of divorcing spouses as unsecured creditors in a bankruptcy. Nadine Saba first provides an overview of the bankruptcy and family legislation, with a discussion of the seminal case law. She then discusses the feminization of poverty, and concludes with suggestions for legislative changes.

Insolvency Law, Student Forum
There Is Much to Be Learned From Trans Rights

There Is Much to Be Learned From Trans Rights

  • June 29, 2021
  • Angela Ogang, Newsletter Editor, Young Lawyers Division (Central)

I recently had an amazing conversation with Nicki Ward, an advocate and activist who has been very active in the trans community for well over 20 years and who is well versed in the types of issues I wanted to explore as we wind down on Pride Month 2021. We talked about human rights, the Toronto Trans March, self-awareness, and how we can expand as human beings into a space that is ultimately better for our society as a whole. I hope you find this conversation just as refreshing as I did. 

Student Forum, Young Lawyers' Division

Covid-19 Vaccine Passports: A Joint Statement from Canada’s Privacy Commissioners

  • June 29, 2021
  • Amanda Branch and Prudence Etkin

On May 19th, 2021 Canada’s Federal, Provincial and Territorial Privacy Commissioners released a joint statement on the privacy implications of Covid-19 vaccine passports. Vaccine passports may offer substantial public benefits; however, in exchange for access to these benefits, individuals will be required to disclose personal health information. As a result, the Commissioners emphasize the importance of addressing privacy considerations from the outset.

Privacy Law, Student Forum
Jaime Cardy

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • June 29, 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Health Law, Privacy Law, Student Forum

Cross-Canada Virtual Care Licensure Requirements and Best Practices

  • June 28, 2021
  • Louise Sweatman, BScN, RN, MSc, LLB, Director of Health Law Policy and Legal Counsel for the Canadian Medical Association, and Christine Laviolette, BHSc, JD, Senior Associate, BLG,, with special thanks to BLG student Courtney Po for her research assistance

Virtual care has allowed Canadians more convenient and faster access to health care providers during the COVID-19 pandemic. For health care providers who wish to practice virtual care across provinces and territories licensing challenges remain. This article summarizes licensing requirements for physicians practising virtual care across provincial or territorial borders, as well as tips and best practices for regulated health professionals.

Health Law, Student Forum

Forum Selection Clauses and Jurisdictional Challenges in British Columbia: The Case of Canstar

  • June 28, 2021
  • Rory McGovern

A recent British Columbia Supreme Court decision provided the Court the first opportunity to interpret and apply certain sections of the relatively recently enacted BC Franchises Act. This article details the analysis and precedential value of the decision for the scope and application of s. 12 of the BC Act, as well as outlining the Court's in depth consideration of defining the franchise relationship.

Franchise Law, Student Forum
R. Martin Bayer

Anishinaabemda Paaneh (“Let’s Always Use Our Language”)

  • June 28, 2021
  • Patricia Hania, Ph.D., and R. Martin Bayer, ,

Patricia Hania interviews R. Martin Bayer on Anishinaabemda Paaneh (“Let’s Always Use Our Language”). All translation provided by language speaker, R. Martin Bayer.

Aboriginal Law, Student Forum

Court of Appeal Summaries (June 14-18)

  • June 24, 2021
  • John Polyzogopoulos

Following are this week's summaries of the Court of Appeal for Ontario for the week of June 14, 2021.

Civil Litigation, Student Forum

Corporations Information Act (Ontario): Corporate Annual Return Filing Changes

  • June 21, 2021
  • Kimberley A. Cunnington-Taylor, B. Soc. Sc., LL.B., barrister, solicitor, notary public

If you are a business, not-for-profit, or charitable corporation incorporated in Ontario, or a foreign business corporation required to report Ontario income taxes, then you are required to file a corporate annual return under the rules of the Corporations Information Act (Ontario).

Charity and Not-For-Profit Law, Student Forum