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

Discarding Old Prejudices: Judicial Precedent and Aboriginal Title

  • December 13, 2019
  • Kent McNeil

Legal scholar Kent McNeil offers a glimpse of his recent book, Flawed Precedent: The St. Catherine’s Case and Aboriginal Title, where he investigates the 1888 St. Catherine’s decision, the racist assumptions about Indigenous peoples at the time and how the decision shaped Canadian law and policy until the 1970s, when its authority was finally questioned by the Supreme Court in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings.

Aboriginal Law, Student Forum

The Gratitude Post

  • December 11, 2019
  • KJ (Ke-Jia) Chong

At the CCCA Ontario, we have awards to celebrate the work of certain in-house counsel in our community and their impact. But there are many more in-house counsel who have made a difference in our personal careers and lives. Is there a fellow in-house counsel that helped you that you would like to thank?

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Confusion Surrounding the Transition Provisions of Ontario’s Construction Act: Should They Apply on a “Single Improvement” Basis?

  • December 09, 2019
  • Robert Kennaley and Josh Winter, Kennaley Construction Law

This article is a continuation of our previous article on gaps, confusion and inconsistencies in Ontario’s Construction Act. Here, we focus on the transition provisions which apply to the Act’s changes effective July 1, 2018 and October 1, 2019.

Construction and Infrastructure Law, Student Forum

Getting Adjudication Right: Early Issues and Opportunities for Improvement

  • December 09, 2019
  • Jay Nathwani, senior legal counsel, Crosslinx Transit Solutions Constructors, and John Margie, partner, Glaholt LLP,

Statutory adjudication of construction disputes in Ontario is in its early stages. Because of the section 87.3(4) transition provisions of the Construction Act (the “Act”), adjudication does not apply to most current contracts and subcontracts; but as new projects are bid, adjudication will gradually become the norm in the province.

Construction and Infrastructure Law, Student Forum

Updates to the Arthur Wishart Act Anticipated Following Public Consultation

  • December 09, 2019
  • Clark Harrop, partner at Dale & Lessmann LLP

Coming on the heels of the OBA Franchise Section's November 19, 2019 dinner program "If I Could Revise the Franchise Laws in Canada", the Ministry of Government and Consumer Services recently completed a public consultation process for proposed changes to the regulations under the Arthur Wishart Act (Franchise Disclosure), 2000, SO 2000, c 3 (the “AWA”). This article reviews some important anticipated changes.

Franchise Law, Student Forum

Book Review: LGBTQ2+ Law: Practice Issues and Analysis

  • December 09, 2019
  • Eric Sadvari, Goldhart & Associates

This is an informative and succinct review of the recently launched LGBTQ2+ Law: Practice Issues and Analysis, authored by Joanna Radbord, and including chapters contributed by well-respected practitioners, academics, and activists.

Family Law, Student Forum