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

Making Money: Billable Hours vs. Flat Fees – How should a firm decide?

  • January 08, 2019
  • Andrew Di Lullo

The question of money is central to all firms – new or established. Without cash flow, you can’t make your overhead; you can’t pay your salaries; you can’t invest in marketing initiatives or take advantage of expansion opportunities. And so, when lawyers begin thinking about a new practice - along with choosing a name, a logo, finding a location, researching software tools and setting out a marketing plan - they must also think of the fees they will charge.

Sole, Small Firm and General Practice, Student Forum

Le Dain and Mental Health in the Legal Profession

  • January 08, 2019
  • Ayushi Kiran, student member-at-large

The CBA has been actively working towards undoing the injustice done to late Justice Gerald Le Dain. Addressing mental concerns of legal professionals is the need of the hour. In fact, the Law Society of Ontario’s Mental Health Strategy Task Force has included mental health initiatives as a strategic priority for the 2015-19 governing term.

Sole, Small Firm and General Practice, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (December 24 - 28, 2018)

  • January 08, 2019
  • John Polyzogopoulos

There was only one substantive civil decision, Lauzon v Fortier, a family law decision. The Court refused to interfere with the trial judge’s exercise of discretion that the husband be paid his equity by the wife immediately (even if that meant the wife might have to sell the matrimonial home), and that the husband make his equalization payment to his wife by way of a spousal rollover of his pension.

Civil Litigation, Student Forum

Go Solo, Life is (More) Balanced There

  • January 03, 2019
  • Omar Ha-Redeye

Solo practice is increasingly the preferred alternative for the millennial lawyer.

Sole, Small Firm and General Practice, Student Forum

Dealing with Difficult Clients

  • January 03, 2019
  • Robert Shawyer

If you are a professional providing some kind of service to the public, you may come across a couple of clients who may ruin your day. If you are a lawyer, it is very possible that through the course of your practice you will eventually have to deal with some clients who are unreasonable, demanding, un-cooperative and overall difficult.

Sole, Small Firm and General Practice, Student Forum

Brown Bag Lunch – December 11, 2018

  • January 03, 2019
  • Megan Levy-McLaughlin, Tupman & Bloom LLP

Highlights from the December 11, 2018 Brown Bag Lunch including a discussion about the appeal of Re Milne, argued on December 11, 2018, difficulties members have experienced obtaining a status certificate, drafting issues with respect to providing for beneficiaries under disability and RDSPs, and issues with respect to the beneficiaries of pension plans and insurance trusts.

Student Forum, Trusts and Estates Law

What's New in Pensions and Benefits - Nov/Dec 2018

  • January 03, 2019
  • Evan Shapiro and Michelle Rival, Willis Towers Watson,

Ontario Bill 57, Administrative Penalties Guideline, Draft RPP Newsletter and Federal Consultations on BIA and CCAA Reform

Pensions and Benefits Law, Student Forum

Ontario’s Cap and Trade Cancellation Act: Recommendations to the Minister of Environment, Conservation and Parks

  • January 03, 2019
  • Carissa Wong and David McRobert

This article provides an overview of the limitations of the Cap and Trade Cancellation Act, 2018 (the “CTCA”) and recommendations for its implementation in 2019 and beyond. It discusses the public consultation process leading to the enacted CTCA as well as the Ministry of Environment, Conservation and Parks’ compliance with the Environmental Bill of Rights.

Environmental Law, Student Forum
Climate Change Regulatory Update: The “Made-in-Ontario Environment Plan” — More carrots, fewer sticks and a dash of sunlight

Climate Change Regulatory Update: The “Made-in-Ontario Environment Plan” — More carrots, fewer sticks and a dash of sunlight

  • January 03, 2019
  • Liane Langstaff and Erin Farrell

On November 29, 2018, the Government of Ontario released its plan, "Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan". The Plan provides Ontario's response to the federal government's carbon pricing backstop and touches on multiple environmental issues, including water pollution, greenspace, waste management and litter. This article focuses on those parts of the plan that address greenhouse gas emissions and other types of air pollution.

Environmental Law, Student Forum

What Level of Information Does A Proponent Need To Start An Environmental Assessment?

  • January 03, 2019
  • Stan Berger

What level of information does a proponent need to start an EA? This question was addressed in Carhoun and Sons Enterprises ltd. v Canada (Attorney General) . A regulatory authority has considerable discretion when exercising its decision-making authority to issue authorizations under the CEAA when a project proposal is submitted. Early referral of an incomplete application would mean completed applications would have to await processing of incomplete applications to their detriment.

Environmental Law, Student Forum