Articles 2023

This article summarizes Davies v. Clarington (Municipality), 2023 ONCA 376, in which the Court of Appeal for Ontario refused to order litigation funders to pay a costs award against the plaintiff.

This article summarizes Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, in which the Ontario Superior Court of Justice decertified a class after substantially all class members opted out.

Following are this week’s summaries of the Court of Appeal for Ontario for the week of June 12, 2023.

This article summarizes Leroux v Ontario, 2023 ONCA 314, in which the Court of Appeal for Ontario allowed a claim to proceed against the government of Ontario for long waitlists for disability benefits and a positive obligation under section 7 of the Charter.

This article provides an overview of the Ontario Planning Act regime respecting privately owned public spaces ("POPS") and how they will be changed upon proclamation of the parkland sections of Bill 23. Although the full scope of the impact of these changes depends on forthcoming regulations, the author anticipates that they will take POPS from being a public realm issue and density bonusing tool to a legislatively-recognized substitute for publicly-owned parkland in Ontario municipalities.

Recent updates in Ontario and Federal pension legislation, regulatory policy and caselaw.

This article provides an update on the federal government’s consultation regarding proposed labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

Per- and polyfluoroalkyl substances (PFAS) continue to be a hot topic in the field of emerging contaminants. This article provides an overview of the federal government's draft State of PFAS Report and Risk Management Scope, which follow a two-year assessment of the fate, sources, occurrence, and potential impacts of PFAS on the environment and human health in Canada.

Can we be replaced by AI? Like a Google search, AI can give generic answers at a high level.

The need for full and frank financial disclosure is well known among the family law bar and has been the subject of numerous Court of Appeal decisions. But, the proper route to getting that disclosure as efficiently and effectively as possible can be something of a quagmire. In this paper, we review the fundamental mechanics of the Family Law Rules regarding disclosure.