Articles 2025

The Government of Canada recently released its new climate plan, “A Healthy Environment and a Healthy Economy – Canada’s strengthened climate plan to create jobs and support people, communities and the planet” (Plan). Building on the 2016 Pan-Canadian Framework, the Plan proposes to exceed Canada’s 2030 emissions reduction target under the Paris Agreement, achieve net-zero emissions by 2050, and create over one million jobs, restoring employment to pre-pandemic levels.

This article offers a review of recent amendments to legislation regarding Conservation Authorities.

An exclusivity order prevents the commencement of another action on the same facts without leave of the Court, effectively deciding carriage of the matter. In Harpreet v Cronos, the Court ruled that carriage would be dealt with when and if another proposed class action on the same subject matter was commenced. The Court viewed the request for an exclusivity order as “a form of end-run around a potential carriage motion."

Recent settlement approval decisions issued by several provincial courts provide useful commentary on the appropriate scope of a release in a class action settlement.

A concise and helpful summary of the OBA’s Citizenship and Immigration Law Section program held on November 19, 2020 focusing on critical cyber security issues, ins and outs of going paperless, online marketing and how to select the best software for your practice in order to increase efficiency. The program panelists shared valuable practice management advice and helpful best practices for ensuring your immigration practice not only survives, but flourishes, in this new world.

The article contains a summary of a CBA session entitled The Tort of Misfeasance - Recent Developments and Practice Points held on November 23, 2020.

Some disputes involve a deterioration of both the amount available to the parties and the relationship the parties have going forward. Whether as an advocate or as a mediator, there are a few key basics to keep in mind when dealing with situations when costs start to outweigh benefits.

It’s now been five months since the federal government announced a proposal to extend the timelines for spending the capital raised via flow-through shares by 12 months. Companies that issued flow-through shares in 2019 relying on the look-back rule are coming up to the deadline (Dec. 31, 2020) by which they are required to have spent all of the funds raised.

In what can only be described as a bitter pill to swallow for the professionals involved, the Ontario Superior Court of Justice in Duca Financial Services Credit Union Ltd. v. 2203284 Ontario Inc. has refused to approve the inadvertently-omitted fees and disbursements of its own receiver and receiver’s legal counsel, notwithstanding the highly unusual outcome that all other creditors had already been paid in full (thanks, ironically, in part to the efforts of the very receiver in question).

The following are our summaries of the civil decisions of the Court of Appeal for the week of December 7, 2020. We have also summarized R. v. Irwin, a provincial offences decision relating to Building Code violations, as it deals with the rule prohibiting collateral attacks of orders, and is therefore a decision applicable in the civil and administrative law context. Other topics covered include jurisdiction, reasonable apprehension of bias, occupier’s liability and family law.