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

The Implications of Force Majeure and Frustration in the Time of COVID-19

  • April 22, 2020
  • Jesse Gardner & Natasha Rodrigues, Singleton Urquhart Reynolds Vogel LLP

These are rapidly evolving and legally unprecedented circumstances which have had, and will continue to have, significant impacts on construction projects. This article considers the potential applicability of force majeure provisions and the doctrine of frustration in the current circumstances.

Construction and Infrastructure Law, Student Forum

Tips for Preparing for E-Litigation

  • April 22, 2020
  • Faren Bogach, Kartiga Thavaraj, Mike Brown and James De Melo, WeirFoulds LLP

E-litigation—litigation that is either paperless or virtual—is the way of the future. This was already becoming true when we conducted the first paperless trial in the history of the construction courts in Toronto in early 2020, and it is even more apparent during the ongoing COVID-19 pandemic the world finds itself in.

Student Forum

COVID-19 – New Home (Tarion) Warranty Processes Suspended

  • April 21, 2020
  • Christine Kellowan, Goldman Sloan Nash & Haber LLP

Tarion Warranty Corporation (“Tarion”) has issued a number of advisories regarding the suspension of certain new home warranty program processes.

Construction and Infrastructure Law, Student Forum

The Ontario Government Suspends Limitation Periods Effective March 16, 2020

  • April 20, 2020
  • Lida Moazzam & Sharon Vogel, FCI Arb, Singleton Urquhart Reynolds Vogel LLP

In view of COVID-19, on March 20, 2020, the Attorney General of Ontario ordered the suspension of limitation periods and other procedural time periods. The Order is retroactively dated to March 16, 2020.

Construction and Infrastructure Law, Student Forum

COVID-19 Construction Law Update

  • April 20, 2020
  • Bryce Dillon & Keith MacLaren, Perley-Robertson,Hill & McDougall LLP/s.r.l.

A summary of important legal information for Ontario businesses in construction to keep in mind during the COVID-19 / coronavirus crisis.

Construction and Infrastructure Law, Student Forum

NFP Board and Members’ Meetings Amidst COVID-19 Pandemic

  • April 20, 2020
  • Theresa L.M. Man

Amidst the COVID-19 pandemic, many not-for-profit organizations, including charities, are considering how to adjust their way of holding board meetings and members’ meetings without holding in-person meetings, which often involves complicated considerations.

Charity and Not-For-Profit Law, Student Forum

Executive Profile Series - Carrie Wright

  • April 20, 2020

Read a brief profile of Carrie Wright, Newsletter Editor of the OBA Citizenship and Immigration Section Executive.

Citizenship and Immigration Law, Student Forum

PNP Programs for Entrepreneurs - A Few Aspects

  • April 20, 2020
  • Sajjad A. Malik, barrister and solicitor

A review of important aspects of Canada's PNP entrepreneurial programs, including critical considerations for preparing clients and their applications.

Citizenship and Immigration Law, Student Forum

Agreeing to Share: Treaty 3, History & the Courts

  • April 20, 2020
  • Kate Gunn, First Peoples Law

In 2014, the SCC opened its landmark judgment in Grassy Narrows with the statement that on entering into Treaty 3, the Ojibway “yielded ownership of their territory” to the Dominion of Canada in exchange for reserve lands, payments, and limited rights on non-reserve lands. There is no mention of the fact that the Court’s opening statement is contrary to the Ojibway understanding that the treaty was an agreement for both parties to share in and benefit from the lands.

Aboriginal Law, Student Forum