Articles 2023

Aujourdʼhui
Aujourdʼhui
man and child walking side by side along a path in an autumnal, tree- and shrub-filled park, enjoying nature

The Right of Public Access to Nature: How do you care for something you cannot access?

  • 14 février 2023
  • Carissa Wong

This article considers how a right of public access to nature, or lack thereof, impacts the Canadian approach to environmental protection and social and economic development. The author compares the Canadian and Swedish relationship with their natural environment and how this informs our value system when it comes to statutory environmental protections.

Droit de l’environnement, Student Forum

Bill 23: Wither the Conservation Authorities?

  • 14 février 2023
  • Paula Boutis, counsel, Aird & Berlis LLP

This article provides an overview of the impact Bill 23 and the changing role of Conservation Authorities in Ontario.

Droit de l’environnement, Student Forum

Closing the Gaps: Single-use Plastic Regulations, Recycling, Recycled Content and Labelling Rules in Canada

  • 14 février 2023
  • Denisa Mertiri, senior associate, and Morgane L. Besner, associate, Borden Ladner Gervais

This article provides an update on the status of single-use plastic regulations and other regulatory measures – including recycling – taken to reduce the impact of plastics in the environment across Canada, and provides an overview of upcoming federal regulations on recycled content and labelling rules for products.

Droit de l’environnement, Student Forum

Personality Rights of Dead Celebrities in Canada and Who Owns Them?

  • 13 février 2023
  • Govind K Chaturvedi

Personality rights of deceased celebrities have been the subject of debate for many years due to the continued popularity of these individuals beyond their death. Recently, two events have sparked renewed discussions on the matter. These events raise ethical and legal issues related to publicity, privacy, and intellectual property. This article will explore these issues through the lens of prior case law.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Importance of a Shareholders' Agreement

  • 10 février 2023
  • Jumi D. Odepe

A shareholders' Agreement is often overlooked by business owners. This shareholders' Agreement can assist the owners of the business entity to understand their rights, obligations, and expectations when it comes to their business dealings especially where there is conflict. It is important to assist clients to recognize why they require a shareholders' agreement where there is more than one shareholder in a business.

Droit des affaires, Student Forum

SPECT Scans: Ontario Courts Grapple with a “Novel” Evidentiary Tool

  • 10 février 2023
  • Grace Murdoch

In recent years, single-photon emission computerized tomography scans (otherwise known as “SPECT” scans) have been the subject of debate in Ontario’s court rooms when evaluating brain injury claims. Whether the conclusions resulting from such scans can be admitted into evidence and for what purpose are increasingly becoming important questions in personal injury law.

Droit des assurances, Student Forum
photo of Les Morley

Executive Profile: Introducing Les Morley

  • 09 février 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Read on to find out how Les Morley went from helping those among the prison population in Kingston who had admissibility hearings, refugee claims and deportation appeals, to handling a broad range of unusual cases and developing strategies for people in complicated situations.

Citoyenneté et immigration, Student Forum
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • 07 février 2023
  • Crystal Heidari

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Droit de la famille, Student Forum
photo of Rebecca Winninger

Raising the Bar on Foreign and Extra-Provincial Marriage Contracts: Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization Under the Family Law Act

  • 07 février 2023
  • Rebecca Winninger

Research Lawyer Rebecca Winninger considers whether an Ontario court will give effect to a Quebec marriage contract that says the parties will be separate as to property. Recent case law suggests that if the agreement does not specifically address equalization of net family property, it will be difficult to show the parties intended to contract out.

Droit de la famille, Student Forum