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
Head-shot photo of author Ivan Merrow

Failure to Pay Adjudicator’s Order Puts Judicial Review at Risk in Ontario

  • May 16, 2022
  • Ivan Merrow and Morgan Watkins, McCarthy Tétrault LLP

In SOTA Dental Studio Inc. v. Andrid Group Ltd., 2022 ONSC 2254 (“SOTA”), the Divisional Court unanimously rejected the owner’s application for judicial review of an adjudicator’s order requiring payment of outstanding invoices. The application was rejected because the applicant had neither paid the order under review, nor moved for a stay. SOTA is the first reported decision from a judicial review of an adjudicator’s decision under Ontario’s Construction Act.

Construction and Infrastructure Law, Student Forum

Education Law Implications of the OHRC’s Right to Read Report

  • May 13, 2022
  • Jean-Frédéric (J-F) Hübsch

The Right to Read inquiry of the Ontario Human Rights Commission found that Ontario's public education system is failing students with reading disabilities, among others, by not using an evidence-based approach to teach children how to read. This article summarizes a number of the important recommendations of the Right to Read report.

Education Law, Student Forum

A Balanced Approach: Kumarasamy v. Western Life, 2021 ONCA 849

  • May 13, 2022
  • Tracey L. Hamilton

The Court of Appeal in Kumarasamy held that there does not need to be a “clear and unequivocal” denial of a claim for the limitations clock to start. This article provides a high-level overview and summary of the court’s balanced approach in determining how the limitations period is triggered in the context of a claimant’s application for LTD benefits.

Insurance Law, Student Forum
Photo of authors Jennifer Davidson and Steffi Tran

Who Are You? Understanding Digital Identity: A Primer for Legal Professionals

  • May 11, 2022
  • Jennifer Davidson and Steffi Tran, Deeth Williams Wall LLP

Digital identification (“Digital ID”) is evolving the way we verify ourselves in the online world. Following other jurisdictions, Canada is currently adopting its own Digital ID strategy, with provinces like Ontario working on policies in the space. However, Digital ID may be accompanied by novel challenges that legal professionals will have to address in future practice. This article serves as a primer for legal professionals to learn more about Ontario’s Digital ID initiative.

Student Forum, Information Technology and Intellectual Property Law

Is Bill 109 – More Homes for Everyone, 2022 – BANANA(s)?

  • May 10, 2022
  • Robert Miller and Grace O’Brien, Davies Howe LLP

On April 14, 2022, Bill 109, the More Homes for Everyone Act, 2022, received royal assent, just two weeks after it was introduced by the provincial government on March 30, 2022. Bill 109 proposed several amendments to existing legislation, including the Planning Act, the Development Charges Act, 1997, the City of Toronto Act, 2006, the New Home Construction Licensing Act, 2017 and the Ontario New Home Warranties Plan Act.

Municipal Law, Student Forum
Photo of Osgoode Hall

To Sue or Not to Sue for Defamation: How Are Internet Libel Actions Different from Offline Libel Actions? (Part 1)

  • May 07, 2022
  • David Potts

There is still very little recognition among many lawyers of the differences between internet defamation proceedings and offline defamation proceedings, and even less recognition of the practical consequences of the two forms of defamation proceedings. The next article will summarize the major differences between online and offline libel litigation and their consequences. Here, I will simply sketch some of the important characteristics of the internet.

Student Forum, Young Lawyers' Division
head-shot photo of author Matilda Lici

‘Got a Secret, Can You Keep It?’ Developments in the Tort of Public Disclosure of Private Facts

  • May 07, 2022
  • Matilda Lici

In 2016, the Ontario Superior Court of Justice recognized, for the first time, the tort of public disclosure of private facts in response to the proliferation of “revenge porn” disseminated online. Since then, subsequent courts across the country have provided further guidance on the nuances of the tort and what types of privacy infringements it is intended to redress.

Student Forum, Young Lawyers' Division