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

Ontario Land Tribunal Cost Awards: Are Municipalities Exempt?

  • April 14, 2022
  • Meredith Baker, Turkstra Mazza Associates

Are municipalities free to conduct themselves as they see fit in proceedings before the Ontario Land Tribunal (OLT, formerly known as the Local Planning Appeal Tribunal and before that, the Ontario Municipal Board) without the threat of costs being awarded against them? In short, the answer is no. Municipalities are not exempt from cost awards. This article explains why.

Municipal Law, Student Forum

Expropriation Law: 2021 A Year In Review

  • April 14, 2022
  • John S. Doherty, Gowling WLG, Roberto Aburto, Gowling WLG, Sahil Shoor, Gowling WLG, Carolina Campos, Gowling WLG, Tristan Neill, Gowling WLG

Gowling WLG 's Expropriation Law Group summarizes several complex and compelling expropriation cases from across Canada in 2021. The team highlights a number of important issues and key takeaways for those parties involved in the expropriation process. The court decisions are not listed in rank order.

Municipal Law, Student Forum

Refreshing Update to the Ontario Planning Act Now In Force

  • April 14, 2022
  • Mark Giavedoni, Gowling WLG; Robert Jackson, Gowling WLG

On Jan. 1, 2022 amendments to the Ontario Planning Act were proclaimed. As a result of these amendments, a good number of unfortunate traps have been done away with. This article summarizes those amendments.

Municipal Law, Student Forum
Head shot photo of author Avery Lee

The First Trademark Application for a Hologram Filed in Canada by a Trademark Agent

  • April 14, 2022
  • Avery Lee, Keyser Mason Ball, LLP

Avery Lee is a talented young IP lawyer and the very first Trademark Agent to file a trademark application for a hologram in Canada. While he recognizes that his hologram is not as impressive as the larger scale holograms displayed by projectors or viewed with special glasses, he hopes that his trademark application can serve as a building block for other applicants and Trademark Agents.

Student Forum, Information Technology and Intellectual Property Law, Young Lawyers' Division
Old-fashioned sepia ad with picture of car and slogan 'this is not your father's Oldsmobile'

Preparing a Kick-Ass Mediation Brief

  • April 14, 2022
  • Stuart Rudner

The digital age has changed the capabilities of how a mediation brief can read, look and feel. In this article, Stuart Rudner outlines some key strategies advocates can use when presenting their cases for mediation, which is one of the - if not the most - major steps in employment and civil disputes.

Alternative Dispute Resolution, Student Forum

ESG as the Next Frontier in Privacy and Data Governance: Moving Beyond Regulatory Compliance

  • April 11, 2022
  • Ronak Shah and George Boynton Payne

Ronak Shah and George Boynton Payne discuss a growing trend among organizations to include privacy and data governance metrics and disclosure as part of their environmental, social and governance (ESG) reporting framework, and highlight practical steps an organization can take to move beyond a traditional regulatory compliance approach to privacy and security.

Privacy Law, Student Forum

The Standard of Review for Jurisdiction Decisions in International Commercial Arbitration – An Update on Recent Jurisdiction Decisions

  • April 08, 2022
  • Chloe Snider and Karin Kazakevich

Ontario and BC courts have recently taken conflicting approaches to the standard of review of jurisdictional decisions in international commercial arbitration under the UNCITRAL Model Law. In this article, Chloe Snider and Karin Kazakevich explore this case law in detail, including the theoretical differences between the correctness standard and a hearing de novo.

Alternative Dispute Resolution, International Law, Student Forum

The Right of Family Members to Sue in Respect of a Workplace Fatality

  • April 08, 2022
  • Cassandra Ma, Filion Wakely Thorup Angeletti LLP

It is well known that workers’ compensation benefits are in lieu of the accident-related damages that can be civilly claimed by a worker or their estate. What happens, however, to the rights of action held by family members who are not part of a deceased worker’s estate or dependents? Do these family members retain the right to commence civil litigation in respect of a work-related fatality?

Student Forum, Workers' Compensation

Sending Documents to and Receiving Documents from the WSIAT Electronically

  • April 07, 2022
  • Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal

Learn how the Workplace Safety and Insurance Appeals Tribunal (WSIAT) sends and receives documents electronically and where you can find more information on the WSIAT's E-Share and E-File services.

Student Forum, Workers' Compensation

No Compensable Harm, No Class Action

  • April 07, 2022
  • Ethan Schiff, Bennett Jones LLP

In Chow v Facebook, the BC Supreme Court joins several other courts in declining to certify class actions based on a lack of "compensable" harm. The Court held that deployment of judicial resources where there was no evidence of compensable harm "would be the antitheses of judicial economy and would not provide meaningful access to justice."

Class Actions, Student Forum