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

Case Summary: Leroux v Ontario

  • June 23, 2023
  • Ronan Mallovy

This article summarizes Leroux v Ontario, 2023 ONCA 314, in which the Court of Appeal for Ontario allowed a claim to proceed against the government of Ontario for long waitlists for disability benefits and a positive obligation under section 7 of the Charter.

Class Actions, Student Forum

“From Plazas To Parkland” - Ontario’s Bill 23 and the Evolution of Privately Owned Public Spaces

  • June 23, 2023
  • Alexander J. Suriano, Aird & Berlis LLP

This article provides an overview of the Ontario Planning Act regime respecting privately owned public spaces ("POPS") and how they will be changed upon proclamation of the parkland sections of Bill 23. Although the full scope of the impact of these changes depends on forthcoming regulations, the author anticipates that they will take POPS from being a public realm issue and density bonusing tool to a legislatively-recognized substitute for publicly-owned parkland in Ontario municipalities.

Municipal Law, Student Forum

Plan for the Ban: New Consultation Launched for Plastics Labelling Framework and Federal Plastics Registry

  • June 23, 2023
  • Talia Gordner, partner, Julia Loney, partner, and Khaleed Mawji, articling student, McMillan LLP

This article provides an update on the federal government’s consultation regarding proposed labelling rules to enhance the accuracy of recyclability and compostability information on plastic packaging and the establishment of a federal plastics registry requiring plastic producers to report annually on their plastic contribution to the Canadian economy.

Environmental Law, Student Forum

Emerging Contaminants Update: Government of Canada publishes draft State of PFAS Report

  • June 23, 2023
  • Diana Weir, counsel, Norton Rose Fulbright LLP

Per- and polyfluoroalkyl substances (PFAS) continue to be a hot topic in the field of emerging contaminants. This article provides an overview of the federal government's draft State of PFAS Report and Risk Management Scope, which follow a two-year assessment of the fate, sources, occurrence, and potential impacts of PFAS on the environment and human health in Canada.

Environmental Law, Student Forum

Family Law Disclosure Rules

  • June 22, 2023
  • Frances Wood

The need for full and frank financial disclosure is well known among the family law bar and has been the subject of numerous Court of Appeal decisions. But, the proper route to getting that disclosure as efficiently and effectively as possible can be something of a quagmire. In this paper, we review the fundamental mechanics of the Family Law Rules regarding disclosure.

Family Law, Student Forum

A Deep Dive into Shared Parenting: Families and Finances

  • June 21, 2023
  • Amy Ariganello, law student, Justice for Children and Youth

Navigating a shared parenting arrangement requires careful consideration of what we understand “shared parenting” to mean in various contexts. In the OBA event hosted on June 2, 2023, esteemed panellists discussed the latest developments regarding shared parenting and provided practical insights about all aspects of navigating shared parenting arrangements.

Child and Youth Law, Family Law, Student Forum