Articles

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

Editor: Yoann Emian

Today
Today

The New TOSI Rules: Simplified for Whom?

  • September 20, 2018
  • Hennadiy Kutsenko

The author provides a high-level overview of the new TOSI rules and considers potential problems that might arise, particularly for the owner-manager of a small to medium size business.

Student Forum, Taxation Law
The (Unique) Perils of the Parenting Coordination Process

The (Unique) Perils of the Parenting Coordination Process

  • September 18, 2018
  • Elizabeth Hyde, B. Ed., J.D., LL.M., Acc. FM., FDRP PC

Parenting Coordination is a child-focused alternative dispute resolution process for high conflict parents with a history on ongoing child-related disputes. As the Parenting Coordination process becomes more popular with lawyers, judges and clients, it is incumbent on those who practice in the area to ensure that it is a successful process for high conflict families following separation.

Alternative Dispute Resolution, Student Forum

Ontario Court of Appeal Summaries (September 10 – 14, 2018)

  • September 18, 2018
  • John Polyzogopoulos

Topics include trespass by an owner’s invitees over land that was subject to a right of way granted by the owner to the plaintiff, stay pending appeal in the context of the ongoing administration of the residential schools settlement, appealing a judgment for breach of a commercial lease on the basis of fresh evidence, mental distress damages for negligence claims, jurisdiction and attornment in a custody dispute, and abuse of process in the context of requesting a reconsideration of an appeal.

Civil Litigation, Student Forum

How to Find Your Fit

  • September 14, 2018
  • Alison Southern

Whether you’re in the midst of your job search, or you have been feeling unfulfilled in your current role, here are some tips for helping you find your perfect career fit.

Student Forum, Young Lawyers' Division

Yaiguaje v Chevron Corporation, 2018 ONCA 472: A Necessary Discussion

  • September 14, 2018
  • Naomi Sayers

The Court of Appeal's decision in Yaiguaje raises concerns regarding the interaction between resource extraction corporations and Indigenous communities that apply internationally and in Canada. These issues may test the meaningfulness of the oft-lauded concept of corporate-social responsibility.

Aboriginal Law, Student Forum

Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act

  • September 14, 2018
  • Edward (Ted) G. Betts

Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?

Construction and Infrastructure Law, Student Forum

Divisional Court Upholds Tribunal Decision that the Ministry May Order Current and Former Owners and Tenants to Delineate Contamination that has Migrated Off-site

  • September 10, 2018
  • Stan Berger and Albert Engel, partners and certified Environmental Law specialists, Fogler, Rubinoff LLP

Stan and Albert report on the Divisional Court's September 4, 2018 decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010.

Environmental Law, Student Forum

Crime Stoppers’ Tips and Confidential Informants – Proceed with Caution

  • September 10, 2018
  • Grace Hession David,

Grace Hession David reviews the law surrounding Crime Stoppers' Tips, with a specific focus on the recent Supreme Court of Canada decision of R. v. Brassington, 2018 SCC 37. Grace summarizes recent examples of successful and unsuccessful "innocence at stake" applications and sets out the applicable test for counsel to consider.

Criminal Justice, Student Forum