Articles 2024

Read about the value of picking your battles and focusing on your strong points during mediation through the lens of termination clauses.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 9, 2024.

Community benefits charges (“CBC”) are a new funding tool authorized under s. 37 of Ontario’s Planning Act (the “Act”) that allow municipalities to impose a charge against higher density development to pay for capital costs related to developments and redevelopments. CBCs can only be levied against mid- to high-density buildings that are five or more storeys and contain 10 or more residential units.

This article summarizes Fehr v. Sun Life Assurance Company of Canada, 2024 ONCA 847, in which the Ontario Court of Appeal upheld the dismissal of a motion to add a new common issue in a class action after certification. The court ruled the claim for "investment spread" increases was statute-barred because it was discoverable in 2016 when relevant documents were disclosed by the defendant, emphasizing that the knowledge of class counsel could be imputed to the entire class.

Canada is tightening immigration pathways ahead of the 2025 election, raising CRS cut-offs and imposing stricter LMIA rules. These changes hinder skilled workers and international students from achieving permanent residency, citing public concerns over housing, healthcare, and labour markets. With reduced targets for coming years, policymakers face the challenge of balancing voter concerns with demographic and economic needs.

The Supreme Court of Canada’s hearing of Dorinela Pepa v. Minister of Citizenship and Immigration could reshape immigration law. At issue: whether the Immigration Appeal Division fairly denied an appeal, balancing procedural fairness against administrative efficiency. The decision will have major implications for statutory rights and justice in Canada’s immigration system.

The authors examine Mississauga Majors v. Provincial Women’s Softball Association, in which the Applicant, the Mississauga Majors Baseball Association, a not-for-profit corporation that offers baseball and softball leagues exclusively for youth and young adult females (the “Majors”), sought a declaration from the court directing the Respondent, the Provincial Women’s Softball Association, which is the governing body for women’s softball in Ontario, to comply with its by-laws.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 2, 2024.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 25, 2024.