Articles 2023

Summaries of recent decisions discussed in the Stockwoods LLP Administrative & Regulatory Law Case Review newsletter.

On September 28th, 2017 the OBA Aboriginal Law Section held a panel entitled “Duty to Consult: Implications of the Clyde River and Chippewas of the Thames Decisions.” Counsel to the Crown, Clyde River, and the NEB, discussed the outcome and implications of the Supreme Court of Canada's most recent decisions on the duty to consult and accommodate.

In a rare decision, the Human Rights Tribunal found that the Workplace Safety and Insurance Board (WSIB) failed to accommodate a worker’s disability in terms of the way in which the claim was handled. The case includes lessons for the broader community, particularly in light of the revised WSIB mental stress policies which will take effect come January 2018.

At the October 17, 2017 Brown Bag Lunch, practitioners discussed the recent decision of Meyer v Rubin regarding the expanded role of the ETDL, whether attorneys for property can appoint replacement attorneys, and the treatment of real property in contemplation of probate applications.

This article discusses the impact that Prime Minister Trudeau's November 2015 mandate letter to the Minister of Environment and Climate Change may have had on the enforcement of the Fisheries Act). The article also considers the June 2017 proposals by the federal government to enhance protections for fish and fish habitat and a case study of the Montreal Sewage Dump. This article was originally published in the Fall 2017 issue of WEAO's INFLUENTS Magazine, and is republished with permission.

In recent years, the legal profession and the global community have taken a greater interest in addressing gender diversity. This article discusses how international trade, Canadian budgetary measures and securities regulation have each addressed gender in areas of major reform. This article is not intended to be a critical analysis of the covered initiatives, but instead a brief overview of what is being done in Canada about gender diversity on an economic level.

Administrative Monetary Penalties regulations, FSCO policies on missing beneficiaries and waivers of statements for missing former and retired members, FSCO guidance on the recently amended definition of 'spouse', proposed amendments to JSPP funding regulations, and more...

The Ontario Bar Association organized Technically Speaking: How Lawyers are using Technology Today on September 14, 2017. Attendees heard from three professionals, Erin Zipes, Thomas Bennett, and Alyssa Tomkins, about developments in the use and application of technology to our lives and the practice of law. It was an informative evening overall.

As regulatory investigations and litigation against corporate directors and officers become increasingly complex and extensive, insurance policies covering defence costs are all the more important. But how far does this coverage stretch? The recent decision of Liberty Silver v Liberty Insurance demonstrates the significant value these policies can provide in covering an early and proactive legal defence.

On June 21, 2017 the OBA Award of Excellence in Insurance Law was proudly presented to Donald H. Rogers of Rogers Partners LPP at the Toronto Eaton Centre Marriott celebrating Donald’s contributions to the profession. This is the transcript of his acceptance speech.