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

Will it be Enough: The impact of new exemptions to spur development

  • February 02, 2024
  • Jennifer Evola

The Province of Ontario has delivered a clear message with regard to its expectations for both the private and public sector. There is to be more housing supply, built faster and priced more affordably. This article covers the new Provincial initiatives brought forward since 2019, currently in force, with the intent of achieving the stated Provincial goal of building 1.5 million new homes in 10 years.

Municipal Law, Student Forum
head-shot photo of author Jessica Byles-Nolet

Mitigation Expands to More Than Just Employees

  • February 02, 2024
  • Jessica Byles-Nolet

For employment lawyers pondering the question of mitigation, Jessica Byles-Nolet provides a thoughtful summary of a recent Court of Appeal decision that considers the duty to mitigate in relation to independent contractors.

Student Forum, Young Lawyers' Division

Practice Motivation for Solo Practitioners

  • February 01, 2024
  • Rajen Akalu

If you are a solo practitioner, chances are you are going to be a highly motivated self-starter. However, you will also be acutely aware of your limitations, as you are often required to work at your personal capacity. We can all use help and encouragement to stay motivated. It’s important to remind ourselves why solo practitioners should be respected by the legal profession and selected by clients in the market for legal services.

Sole, Small Firm and General Practice, Student Forum
head-shot photo of author Olivia Koneval-Brown

Cautions of Buying a Home after Separating

  • February 01, 2024
  • Olivia Koneval-Brown

In this article, Olivia Koneval-Brown provides an insightful overview of considerations -- both practical and legal -- that newly separated individuals should take into account before jumping to purchase a new home.

Real Property Law, Student Forum, Young Lawyers' Division

Mason v. Canada (Citizenship and Immigration): Further Clarification From the Supreme Court of Canada on Standard of Review

  • January 31, 2024
  • Mina Karabit

In September 2023, the Supreme Court of Canada took the opportunity to further clarify the standard of review following the seminal case: Canada (Minister of Citizenship and Immigration) v. Vavilov. As discussed below, the Court made it clear that reasonableness is the default standard, and correctness will only arise in limited situations.

Administrative Law, Citizenship and Immigration Law, Student Forum

Valuing Rights or Writing Values: Case Comment on Commission scolaire francophone des Territoires du Nord-Ouest v. Northwest Territories (Education, Culture and Employment), 2023 SCC 31

  • January 30, 2024
  • David P. Jacobs

On December 8, 2023, the Supreme Court of Canada (SCC) released a decision mandating that administrative decision-makers account for Charter values (as well as or instead of Charter rights) in their rulings whether bidden or unbidden by the parties before them.

Administrative Law, Student Forum

New, Simplified Continuance Process for Social Companies

  • January 25, 2024
  • Victoria Prince, Ryma Nasrallah, Katherine Carre, Nick G. Pasquino, Sylvie Lalonde

On Dec. 4, 2023, the Less Red Tape, More Common Sense Act, 2023 received Royal Assent, bringing an important amendment to the Corporations Act (Ontario) into force.

Charity and Not-For-Profit Law, Student Forum

Amendments to the Ontario Not-for-Profit Corporations Act, 2010 effective Oct. 1, 2023

  • January 25, 2024
  • Katherine Carre and Victoria Prince

On April 3, 2023, the Ontario government introduced Bill 91 or the Less Red Tape, Stronger Economy Act, 2023 (Bill 91). Bill 91 amends various pieces of legislation including the Ontario Not-for-Profit Corporations Act, 2010. The amendments to Ontario Not-for-Profit Corporations Act, 2010 are effective Oct. 1, 2023.

Charity and Not-For-Profit Law, Student Forum

Creating a One-Sided Narrative Could Lead to a Punitive Damages Award against an Insurer: Lessons from Baker v. Blue Cross

  • January 24, 2024
  • Katherine Di Tomaso, Avi Sharabi, Linette King, Stieber Berlach LLP

Insurers should pay careful attention to the recent Ontario Court of Appeal decision in Baker v. Blue Cross Insurance Company of Canada which upheld a significant jury verdict in the amount of $1,500,000 in punitive damages and approximately another $1,000,000 in full indemnity fees and disbursements against the long-term disability benefits insurer. This article provides a discussion of the insurance dispute and key takeaways for insurers and litigants engaged in insurance claims disputes.

Insurance Law, Student Forum