Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Blaney's Appeals: Ontario Court of Appeal Summaries (October 21-25, 2019)

  • November 01, 2019
  • John Polyzogopoulos

Following are this week’s summaries of the Court of Appeal for Ontario. The Court released two decisions concerning the fight over the proposed destruction and redevelopment of Glen Abbey Golf Club. Other topics covered this week included assessing damages for past income loss and prejudgment interest in a sexual abuse case and the legal test for Crown wardship on a summary judgment motion.

Civil Litigation, Municipal Law, Student Forum

18th Annual Charter Conference

  • October 29, 2019
  • Soo-Jin Lee

On October 3, 2019, the Constitutional, Civil Liberties and Human Rights Law Section of the Ontario Bar Association hosted the 18th Annual Charter Conference. Leading practitioners and experts of Canadian Charter of Rights and Freedoms (Charter) law provided updates on recent Charter decisions and upcoming cases, developments in Charter jurisprudence and strategies for effective Charter advocacy.

Public Sector Lawyers, Student Forum

Canada Joins WIPO’s Patent Law Treaty in its Unprecedented Intellectual Property “Going Global” Move for the Second Time in the Same Year

  • October 29, 2019
  • Mekhriban Mamedova

When the Patent Law Treaty comes into force for Canada on October 30, 2019, it will be the second time this year and the third time within the last two years that Canada has made an official statement to the international community that it is serious about “going global” and joining yet another major international WIPO treaty.

International Law, Student Forum

Ontario and Québec Governments to Regulate Movement of Soil

  • October 28, 2019
  • John Tidball and Claire Durocher

In the past, relocation of large quantities of soil excavated in construction projects was sporadically regulated by provincial governments. In 2019, both Ontario and Québec governments are proceeding with new regulatory schemes that will impose legal requirements on the movement and disposition of excavated soil. This article reviews the requirements imposed by the new regulatory schemes and their impact in both jurisdictions.

Environmental Law, Student Forum

Worth a Second Look: Indigenous Implications of Bills C-69 and C-68

  • October 28, 2019
  • Stephanie Axmann, counsel, McCarthy Tetrault, Bryn E. Gray, partner, McCarthy Tetrault

On August 28, 2019, Canada’s new federal environmental legislation under Bill C-69 and Bill C-68 came into force. These new statutes and legislative amendments introduce enhanced Indigenous consultation requirements for mining, pipeline, and other projects that require federal impact assessments and certain federal regulatory approvals and permits.

Aboriginal Law, Student Forum