Articles 2024

Aujourdʼhui
Aujourdʼhui
Head-shot photo of author Dan Fridmar

Construction Litigation Tips: Settlement Checklist

  • 16 mai 2022
  • Dan Fridmar, Fridmar Professional Corporation

Settlements are always preferred to litigation, but it's important to note the following procedural steps when finalizing a settlement in construction lien litigation.

Droit de la construction et infrastructure, Student Forum
Head-shot photo of author Ivan Merrow

Failure to Pay Adjudicator’s Order Puts Judicial Review at Risk in Ontario

  • 16 mai 2022
  • Ivan Merrow and Morgan Watkins, McCarthy Tétrault LLP

In SOTA Dental Studio Inc. v. Andrid Group Ltd., 2022 ONSC 2254 (“SOTA”), the Divisional Court unanimously rejected the owner’s application for judicial review of an adjudicator’s order requiring payment of outstanding invoices. The application was rejected because the applicant had neither paid the order under review, nor moved for a stay. SOTA is the first reported decision from a judicial review of an adjudicator’s decision under Ontario’s Construction Act.

Droit de la construction et infrastructure, Student Forum

Education Law Implications of the OHRC’s Right to Read Report

  • 13 mai 2022
  • Jean-Frédéric (J-F) Hübsch

The Right to Read inquiry of the Ontario Human Rights Commission found that Ontario's public education system is failing students with reading disabilities, among others, by not using an evidence-based approach to teach children how to read. This article summarizes a number of the important recommendations of the Right to Read report.

Droit relatif à l’éducation, Student Forum

A Balanced Approach: Kumarasamy v. Western Life, 2021 ONCA 849

  • 13 mai 2022
  • Tracey L. Hamilton

The Court of Appeal in Kumarasamy held that there does not need to be a “clear and unequivocal” denial of a claim for the limitations clock to start. This article provides a high-level overview and summary of the court’s balanced approach in determining how the limitations period is triggered in the context of a claimant’s application for LTD benefits.

Droit des assurances, Student Forum
Photo of authors Jennifer Davidson and Steffi Tran

Who Are You? Understanding Digital Identity: A Primer for Legal Professionals

  • 11 mai 2022
  • Jennifer Davidson and Steffi Tran, Deeth Williams Wall LLP

Digital identification (“Digital ID”) is evolving the way we verify ourselves in the online world. Following other jurisdictions, Canada is currently adopting its own Digital ID strategy, with provinces like Ontario working on policies in the space. However, Digital ID may be accompanied by novel challenges that legal professionals will have to address in future practice. This article serves as a primer for legal professionals to learn more about Ontario’s Digital ID initiative.

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

Is Bill 109 – More Homes for Everyone, 2022 – BANANA(s)?

  • 10 mai 2022
  • Robert Miller and Grace O’Brien, Davies Howe LLP

On April 14, 2022, Bill 109, the More Homes for Everyone Act, 2022, received royal assent, just two weeks after it was introduced by the provincial government on March 30, 2022. Bill 109 proposed several amendments to existing legislation, including the Planning Act, the Development Charges Act, 1997, the City of Toronto Act, 2006, the New Home Construction Licensing Act, 2017 and the Ontario New Home Warranties Plan Act.

Droit municipal, Student Forum
Photo of Osgoode Hall

To Sue or Not to Sue for Defamation: How Are Internet Libel Actions Different from Offline Libel Actions? (Part 1)

  • 07 mai 2022
  • David Potts

There is still very little recognition among many lawyers of the differences between internet defamation proceedings and offline defamation proceedings, and even less recognition of the practical consequences of the two forms of defamation proceedings. The next article will summarize the major differences between online and offline libel litigation and their consequences. Here, I will simply sketch some of the important characteristics of the internet.

Student Forum, Young Lawyers' Division