Articles 2025

This article provides an overview of the limitations of the Cap and Trade Cancellation Act, 2018 (the “CTCA”) and recommendations for its implementation in 2019 and beyond. It discusses the public consultation process leading to the enacted CTCA as well as the Ministry of Environment, Conservation and Parks’ compliance with the Environmental Bill of Rights.

What level of information does a proponent need to start an EA? This question was addressed in Carhoun and Sons Enterprises ltd. v Canada (Attorney General) . A regulatory authority has considerable discretion when exercising its decision-making authority to issue authorizations under the CEAA when a project proposal is submitted. Early referral of an incomplete application would mean completed applications would have to await processing of incomplete applications to their detriment.

The Court released a great number of decisions this week, some of them quite lengthy. In Das v George Weston Limited, the Court of Appeal upheld a decision of Justice Perrell in which His Honour had dismissed as disclosing no reasonable cause of action a $2 billion class action against Loblaws in relation to the tragic 2013 collapse of the Rana Plaza building in Savar, Bangladesh.

OBA section editors interview David McRobert, former In-house Counsel and Senior Policy Advisor at the Environmental Commissioner of Ontario, 1994-2010.

A timely reference guide for navigating recent and ongoing amendments to Ontario’s Construction Act, RSO 1990, c C30.

Winmill provides critical analysis of the issue of discoverability as contained in section 5(1)(a)(iv) of the Limitations Act, S.O, 2002 and the interpretation of the term “appropriate means” as used in that subsection. This article summarizes the decision, the consensus that has developed in subsequent jurisprudence and the policy implications of the decision.

A summary of proposed amendments to the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, and the Education Act contained in Bill 48, including discussion of stakeholder reactions.

Topics covered included another decision in the ongoing Residential School Settlement saga (procedural fairness), family law (unequal division of property and striking pleadings for failure to comply with disclosure order), estates (passing accounts by an attorney under a POA), real property (termination of APS of land and 99 year leases contravening the Planning Act), security for costs, appellate jurisdiction and stay pending appeal in the context of vexatious litigants.