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

No Loss, No Negligence: Ontario Court of Appeal Reaffirms that Compensable Loss Remains an Essential Component to Recovery in Negligence

  • June 13, 2024
  • Pavel Sergeyev

This article summarizes Palmer v. Teva Canada Inc., 2024 ONCA 220, in which the Ontario Court of Appeal reaffirmed that the need to plead and prove concrete injury remains an “essential component to recovery” in negligence and that product liability claims cannot generally be sustained based solely on: (a) the potential increased risk of future harm; (b) bare allegations of psychological harm; and/or (c) pure economic losses, such as out-of-pocket costs for medical services and monitoring.

Class Actions, Student Forum

Case Summary: Lochan v. Binance Holdings Limited, 2024 ONSC 2302

  • June 13, 2024
  • Jessica Marshall

This article summarizes Lochan v. Binance Holdings Limited, 2024 ONSC 2302, in which the Ontario Superior Court of Justice granted certification of the first Canadian class action against a cryptocurrency platform for the illegal trading and distribution of securities.

Class Actions, Student Forum
illustration of barbara findlay wearing court robe with pride-flag cape standing beside an open law book

The “Lesbian Lawyer”: barbara findlay, K.C.

  • June 12, 2024
  • Tamara J. Sylvester (one/they/them)

The courtroom is not where one expects to encounter a superhero. Lawyers, even the great ones, have yet to inspire such a characterization, in fiction or in fact. Until now! barbara findlay KC has earned the right to be revered as such. After all, a superhero, simply put, is a human being who uses their unique abilities to make the world a more just and humane place. barbara wields her pride in her lesbian identity as a superpower to achieve equal rights and justice for the 2SLGBTQ+ Community.

Women Lawyers Forum, Sexual Orientation and Gender Identity Law, Student Forum

Yatar and the Problem of Concurrent Proceedings

  • June 10, 2024
  • Ted Brook

The Supreme Court of Canada released its decision in Yatar v. TD Insurance Meloche Monnex in March of this year and the Ontario Divisional Court has already begun grappling with the procedural fallout. In a unanimous decision, the Supreme Court rejected the Divisional Court’s approach to streamlining the concurrent applications for judicial review and statutory appeals that frequently appear on its docket.

Environmental Law, Student Forum

Canada’s Plan to Combat Environmental Racism

  • June 10, 2024
  • Aditi Kara

Bill C-226 was first introduced in November 2021 in the House of Commons based on the findings and recommendations of the United Nations Human Rights Council and other non-partisan publications. It is now due for its third reading in the Senate. It aims to develop a national strategy to advance environmental justice.

Environmental Law, Student Forum
MacNaughton Award winner Zachary Bowles poses with the certificate alongside Sharon Kour, Reconstruct LLP – Chair of the Insolvency Law Section.

Modified Universalism in Canada: Does it Know No Bounds?

  • June 10, 2024
  • Zachary Bowles, Western Law, 3L Student

In this MacNaughton-Award-winning article, Zachary Bowles provides a legal review of the contemporary approach by Canadian courts in cross-border insolvency cases.

Insolvency Law, Student Forum

OPGT Class Actions Newsletter Bulletin

  • June 10, 2024
  • Office of the Public Guardian and Trustee

Did you know you may be required to serve the Public Guardian and Trustee with notices in your class action? Sections 17(8) and 27.1(9) of the Class Proceedings Act requires service on the Public Guardian and Trustee “if there is a reasonable possibility that the Public Guardian and Trustee is authorized to act on behalf of one or more class or subclass members.”

Student Forum