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 (July 8 – 12, 2019)

  • July 15, 2019
  • John Polyzogopoulos

Among the summaries for this past week’s civil decisions of the Court of Appeal for Ontario is Dermann v. Baker, 2019 ONCA 584, in which the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure, the standard of review for a trial judge’s charge to the jury in a civil trial, and costs assessments in the context of payments made in advance, and offers to settle.

Civil Litigation, Student Forum

'The Blitz': Will Applicants Pay the Price for the HRTO’s New Expediency?

  • July 11, 2019
  • Nicole Biros-Bolton

On May 29, 2019, the Administrative Law; Constitutional, Civil Liberties & Human Rights Law; and Labour & Employment Law sections joined together for The Annual Update on Human Rights. The first presentation developed into a heated debate regarding changes within the newly reformed Human Rights Tribunal of Ontario (HRTO). The panelists were Linda Lamoureux, executive chair of Tribunals Ontario, and Jonathan Batty, Human Rights Tribunal.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (June 24 – 28, 2019)

  • July 04, 2019
  • John Polyzogopoulos

This week’s key decision was Reference re Greenhouse Gas Pollution Pricing Act. The Act was found to be constitutional. The Court determined the main thrust of the Act was to establish minimal national standards to reduce greenhouse gas emissions. The Act falls within Parliament’s power to legislate on matters of national concern for the peace, order, and good government of Canada, and the charges it imposes are not unconstitutional.

Civil Litigation, Student Forum

Lack of Progress on Fossil Fuel Subsidies Reform Undermines Historical Progress Made by Recent Fisheries Act Amendments in Canada

  • July 04, 2019
  • Carissa Wong

Canada’s subsidies of fossil fuels (particularly diesel) support over-fishing by industrial fleets, and undermine the progress of recent amendments to the Fisheries Act to rebuild devastated marine fish and shark populations. More attention and concrete action through World Trade Organization law reform is needed to transition Canada out of fuel subsidies and ultimately enhance fish and shark stocks.

Environmental Law, Natural Resources and Energy Law, Student Forum
Mediation Should be Mandatory

Mediation Should be Mandatory

  • June 27, 2019
  • Stuart Rudner

Mediation is mandatory only in Toronto, Windsor and Ottawa. It is time for it to be mandatory everywhere in Ontario

Alternative Dispute Resolution, Student Forum