Articles 2023

A recent Court of Appeal decision addresses whether unborn children can make a wrongful life claim.

In our third installment of 9 Questions Between Generations we asked Erica Baron and Bonnie Greenaway from McCarthy Tétrault LLP about their experiences in Health Law.

Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 22, 2022.

On February 3, 2022, Toronto City Council enacted and passed By-law 89-2022 (the “Amendment”), being an amendment to Zoning By-law 569-2013 to update parking standards across the City. Amongst other things, the Amendment introduces new electric vehicle (or “EV”) standards, removes most minimum parking requirements for new developments (except accessible parking standards) and introduces new maximum parking standards.

Earlier this month the City of Toronto (City) adopted Official Plan Amendment No. 524 (OPA 524) delineating 16 Protected Major Transit Station Areas (PMTSAs) within Toronto’s downtown. This article addresses this.

Two recent provincial developments aimed at addressing Ontario’s growing “housing crisis” may have a significant impact on land-use planning and development in Ontario in the coming years.

This article provides an updated summary of the current state of legislation across Canada relating to single use plastic and explores the changes and trends businesses can expect over the next few years. The article concludes that the existing, pending and future regulations are likely to continue to expand over time resulting in an increased need for innovation and production in the area of reusable, recyclable and biodegradable alternatives for businesses and consumers.

On February 9, 2022, the Court of Appeal for Ontario released its highly anticipated decision in Fresco v. CIBC in a long-running class action regarding the payment of overtime to class members. While Fresco is an important appellate decision, it also raises a number of important questions, including about the extent to which proposed common issues can be introduced (or re-introduced) when the merits of the already-certified common issues are being determined at a common issues trial.

Although the matter of the proper execution of a Will may seem simple, failure to duly execute a Will could have a major impact on whether a testator's wishes can be implemented after his or her death. In the recent Ontario Court of Appeal decision in Bayford v Boese, the Court considered the formal validity of a Will in interesting circumstances. This case comment by Jennifer Corak reviews the Court's appeal and costs decision.