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

What We Know So Far about the Prohibition of the Purchase of Residential Property by Non-Canadians

  • October 26, 2022
  • Olohirere Musa & Shereen Shaath

Section 235 of Bill C-19 (which received royal assent on June 23, 2022) introduced the Prohibition on the Purchase of Residential Property by Non-Canadians Act, which prohibits Non-Canadians from purchasing, directly or indirectly, any residential property in Canada. The introduction of the bill is in accordance with one of the federal government’s primary goals of stabilizing the housing market and providing more affordable housing to Canadians.

Sole, Small Firm and General Practice, Real Property Law, Student Forum

Truth and Reconciliation in the Legal Profession: A Primer on How to Be a Better Ally Regardless of Your Practice Area

  • October 21, 2022
  • Karlie Nordstrom and Leslie Anne St. Amour

On September 30, 2022, in recognition of the National Day for Truth and Reconciliation, the authors spoke at a webinar titled "Reconciliation in the Legal Profession". During the event, they shared insights on a range of questions surrounding truth and reconciliation in the legal profession, to equip legal professionals in all practice areas with the knowledge necessary to play a more active role in truth and reconciliation. This article summarizes some of the key takeaways.

Women Lawyers Forum, Sole, Small Firm and General Practice, Student Forum and 1 more..., Young Lawyers' Division

The Subjective Element of the Workplace Harassment Test and Decision No. 35/22

  • October 20, 2022
  • Kira Clarke

This article reviews a recent split decision from a panel of the WSIAT, whereby a majority composed of the side members denied a worker's appeal for entitlement to Chronic Mental Stress. The Vice-Chair would have allowed entitlement. The decision highlights how the weight given to subjective evidence can impact the outcome of CMS appeals.

Student Forum, Workers' Compensation

Ron Ellis Symposium, June 21, 2022: Highlights of an Extraordinary Career

  • October 20, 2022
  • Alec Farquhar

This article provides a summary of the recent Ron Ellis Symposium hosted by the Workers' Compensation Section of the OBA. The symposium highlighted the career and impact of Ron Ellis on Ontario's workers' compensation system and his importance within administrative law.

Student Forum, Workers' Compensation

Private Health Care in Canada is Back in the News

  • October 19, 2022
  • Janet Ozembloski, Anna Marrison, Heather Webster, Holly Ryan

Cambie Surgeries Corporation v British Columbia (Attorney General), 2022 BCCA 245 has brought the perennial subject of private health care once again to the fore. Though some patients may be deprived of the right to life and security of the person, allowing for private care would increase wait times even further for those who cannot access private care.

Health Law, Student Forum

Case Summary: Clarifying the Law of De Facto Expropriation

  • October 19, 2022
  • Alex Cockburn, articling student, Barriston LLP

Case summary of the Annapolis and Halifax saga, where the Supreme Court of Canada has the opportunity to consider the law of "de facto" expropriation.

Municipal Law, Student Forum