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

Executive Orders in Canada

  • May 09, 2017
  • William Lee

In recent months, President Trump and his administration have issued a number of executive orders relating to immigration and travel bans in the United States. Since their issuance, these executive orders have received varying responses from many communities in the United States, including the judiciary. In light of the attention given to President Trump’s use of executive orders in the United States, this article seeks to provide a brief discussion of how executive orders are used in Canada.

Administrative Law, Student Forum
The UK Triggers Article 50 to Withdraw from the EU

The UK Triggers Article 50 to Withdraw from the EU

  • April 19, 2017
  • Michael House

How will Brexit affect your practice? This article sets out some issues parties may want to consider in view of this significant development.

Young Lawyers' Division, Student Forum

Floating Year-Ends: A Quirk in the ASPA Rules

  • April 04, 2017
  • Jonathan C.G. Bright

Jonathan Bright identifies an interesting quirk in the adjusted stub period accrual rules that in some cases may create a one-year tax deferral for a partner - the very result that the ASPA rules were intended to prevent.

Student Forum, Taxation Law

Changes Coming to the Voluntary Disclosures Program

  • April 04, 2017
  • Rachel Gold

In December 2016, the newly-established Offshore Compliance Advisory Committee released its first report, setting out a series of recommendations for the future administration of the Voluntary Disclosures Program. Rachel Gold discusses the Committee's recommendations and their potential implications for taxpayers.

Student Forum, Taxation Law
Adam Black

Summary Judgment in Family Law

  • March 20, 2017
  • Adam Black

It is hoped that expanded summary judgment rules, the family law litigant will be equipped with a tool that will significantly limit unmeritorious claims.

Family Law, Student Forum

Keeping up Appearances: Parties, Interveners and Experts in Administrative Proceedings

  • February 24, 2017
  • Robin Bates

On February 9, 2017, a group of administrative lawyers and attendees gathered for a sold out half-day program about public interest interveners, tribunal standing, and experts in administrative proceedings. The program was part of the Ontario Bar Association’s Institute 2017 and was chaired by Diane Janisse, of the Legal Aid Ontario Clinic Resource Office, and Christopher Wirth, of Keel Cottrelle LLP.

Administrative Law, Student Forum

Edmonton East: Revisiting the Presumption of Tribunal Expertise

  • January 31, 2017
  • Heather MacIvor

This is one of two companion pieces on the Supreme Court of Canada’s decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA. This article focuses on the Supreme Court's treatment of the presumption of expertise afforded to tribunals.

Administrative Law, Student Forum

Edmonton East: A Statutory Right of Appeal Does Not Create a New Category of Correctness

  • January 31, 2017
  • Jon Wypych and Adam D.H. Chisholm

This is one of two companion pieces on the Supreme Court of Canada's recent decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd. authored exclusively for the OBA's Administrative Law Section. This article concerns the role of statutory provisions permitting a right of appeal in determining the standard of review.

Administrative Law, Student Forum