OBA.org - Articles

Legal Reads: A book review of "Just Pursuit"

27 mars 2023
Matilda Lici

“The pursuit of justice creates injustice.” Thus opens the memoir of Laura Coates, a Black former federal prosecutor in the Civil Rights Division of the United States Department of Justice during the Bush and Obama years. Through a series of vignettes, she peels back the curtain to expose the inner workings of the criminal justice system, and lays bare the ways in which a system ostensibly set up to secure justice often fails those who become wrapped up in it.

Embrace the Truth: The Class Proceedings Act, 1992 is Substantive Legislation

24 mars 2023
Garth Myers

This article challenges the theory that the Class Proceedings Act, 1992, is purely procedural, identifying cases where it was used to modify substantive rights.

Case Summary: Heyder v. Canada (Attorney General)

24 mars 2023
Alex Bogach

This article summarizes Heyder v. Canada (Attorney General), 2023 FC 28, in which the Federal Court created a framework for assessing a large number of late claims from the settlement.

Should I Stay or Should I Go?

24 mars 2023
Irfan Kara & Craig Gilchrist

This article summarizes Facebook, Inc. v. Douez, 2023 BCCA 40, in which the British Columbia Court of Appeal allowed the defendants to appeal a liability decision even though the damages trials were still outstanding.

CCCA Ontario Highlights the Pathways of Women General Counsel

22 mars 2023
Barbara De Dios

Pathways to Power: Women as General Counsel was offered as a part of the OBA WLF’s ongoing Pathways to Power program series, which specifically highlights the achievements of women in our profession.

Martin v AGO et al.: The Standard of Care Required of an Occupier is not One of Perfection

20 mars 2023
Lujza Csanyi

In Martin v AGO et al. , the Ontario Superior Court reiterated that the standard of care required of an occupier under Section 3(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (the “Act”) is one of reasonableness and not perfection. Although the standard of care is fact-specific, occupiers are not responsible for eliminating every conceivable form of danger on the premises.

Vitriol or Value? ONCA Provides Direction on Anti-SLAPP Analysis

17 mars 2023
Landan Peleikis

In Thorman v. McGraw, the Ontario Court of Appeal clarified section 137.1(4)(b) of the Courts of Justice Act and further narrowed the class of public expression deemed worthy of protection under Ontario’s anti-SLAPP legislation.

Why Use CCDC Contracts?

16 mars 2023
Clive N. Thurston, president, Thurston Consulting Services Inc., former president of the Ontario General Contractors Association

The article addresses a repeating “urban legend” that there is no value to using CCDC contracts, and reinforces why the uniquely Canadian system is not only fair but eliminates a great deal of confusion and problems for all parties concerned.

Compare and Contract: CCDC 2 and CCDC 5A

16 mars 2023
James De Melo, lawyer, Construct Legal

This article explores two of the most common construction contract formats in Ontario, the CCDC 2 – Stipulated Price Contract and the CCDC 5A Construction Management Contract – For Services, and identifies some of the similarities and differences between these project delivery models.

CCDC Contracts - Roast 'Em or Toast 'Em

16 mars 2023
Dan Fridmar

A summary of the event hosted by the OBA's Construction and Infrastructure Law Section on January 19, 2023.

Tracking Preferences

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