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

Bill C-7: Expanded Consent and Capacity Issues

  • February 07, 2023
  • Marie Kazmer, articling student, Hull & Hull LLP

Medical Assistance in Dying (MAID) is shifting. This article looks at upcoming amendments to the 2016 federal legislation. The author explains aspects of advance consent introduced in Bill C-7 which provides new perspective on who can and should be able to consent to MAID, as well as the timing and the level of consent required by those seeking medical assistance in dying.

Elder Law, Student Forum

Solo & Small Firm Survival Tips from an Old Fart

  • January 31, 2023
  • Grant Buchan-Terrell

In this article, Grant Buchan-Terrell, principal of gbtlaw, offers some survival tips for solo and small firms from his 22 years of up and down experiences as a business law boutique practice.

Sole, Small Firm and General Practice, Student Forum

The Corporate Divorce

  • January 31, 2023
  • Jessica Byles-Nolet, lawyer at Sicotte Guilbault Legal Services

In this article, Jessica sets out the key reasons that shareholders ought to enter into a Unanimous Shareholder Agreement at the outset of the business relationship and the remedies that are available to those who have not.

Student Forum, Young Lawyers' Division

A Ruff Day in Family Law: Deciding Who Gets the Family Pet in a Separation

  • January 31, 2023
  • Olivia Koneval-Brown, Mann Lawyers LLP

Many people consider their pet to be a member of the family, but what happens to the pet when there is a breakdown in the human relationship? In this article, Olivia sets out the factors that a Court will look at when determining pet ownership after a separation.

Student Forum, Young Lawyers' Division

OLT Clarifies When an Application is “Made”, “Received” and “Complete”: Burlington 2020 Lakeshore Inc. v Burlington (City)

  • January 30, 2023
  • Rachel McVean, solicitor, Legal Services Division, Corporate Services Department, City of Hamilton

When is an application made? In this Burlington case, the OLT held that it was not "made" until all materials required by the City were filed. Before then, the application was "neither complete, made, nor received." The Tribunal considered Planning Act s. 22.1, which references receipt of materials required by ss. 22(4) and (5). This decision may be of assistance in calculating the new application fee refund periods (ss. 34(11) and s. 41(12)).

Municipal Law, Student Forum