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

Decision No. 240/22I: Finding discretion in a statutory "must"

  • April 14, 2023
  • Kira Clarke

This article reviews the finding in Decision No. 240/22I that the statutory requirement within section 13.1(5) -- that a worker "must" file a claim by July 1, 2018 -- is not mandatory. The article examines how the Vice-Chair goes on to read discretion into the statutory language.

Student Forum, Workers' Compensation

Trucking Right Along – Ontario’s Excess Soil Laws and Considerations for the Development Industry

  • April 14, 2023
  • Matthew Gardner, Partner and Certified Specialist in Environmental Law by the Law Society of Ontario; Anand Srivastava, Associate, Willms & Shier Environmental Lawyers LLP

For decades, many involved in land development and construction struggled with how to interpret Ontario’s regulation of excavated soil. After much anticipation, Ontario has created a legal regime to answer the questions raised on this topic and provide certainty for the construction and waste management industries, consultants, contractors, municipalities, land owners, and developers alike. This legal regime is discussed in detail in this article.

Environmental Law, Student Forum

Case Summary: Reilly v Alberta, 2022 ABKB 612

  • April 11, 2023
  • Karine Bédard

This article summarizes Reilly v. Alberta, 2022 ABQB 612, in which the Court of King's Bench of Alberta certified a class action in systemic negligence, even though the Court of Appeal for Ontario refused to certify a similar case.

Class Actions, Student Forum
photo of author Michael Marra

The Role of Family Law Counsel

  • April 11, 2023
  • Michael J. Marra

Michael Marra has been practicing family law in Southern Ontario since 1981. He is currently practicing in Ontario on a fully remote basis from Treaty One Territory (Winnipeg). Through his extensive experience, he has noticed that the past 40 years have featured countless reforms to the family justice system but, arguably, the public is less engaged than ever. Maybe it is time to reform the role of the family law lawyer?

Family Law, Student Forum

The Legacy of the Nightingale Case

  • April 11, 2023
  • Christine Vanderschoot

This article is about the unintended impact Horowitz v. Nightingale (2017) may have had in terms of dispute resolution clauses in separation agreements - specifically arbitration provisions.

Family Law, Student Forum

At Long Last—Increased Regulatory Certainty for Treated Articles in Canada

  • April 06, 2023
  • Julia Schatz, partner, and Venetia Whiting, associate, Bennett Jones LLP

This article provides a helpful overview of amendments to the Pest Control Products Regulations that were published in the Canada Gazette Part II on December 7, 2022. The amendments are intended to clarify regulatory requirements for treated articles and establish criteria for authorizing certain treated articles, formally exempt certain antimicrobials used in products regulated under certain Acts and replace the requirements for declarations by importer of control products.

Environmental Law, Student Forum