No results found
-
Beyond Custody and Control: Navigating OCAP® and MFIPPA in Municipal-First Nations Relationships
As municipalities and First Nations collaborate more frequently on planning, infrastructure, environmental stewardship and service delivery initiatives, questions regarding the governance of information are becoming increasingly common. One recurring challenge is how to reconcile the First Nations principles of Ownership, Control, Access and Possession (OCAP®) with municipal obligations under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
Learn more -
-
Court of Appeal Limits Pre-Construction Damages
Balvinder Kumar, LLB, LLM, BK Law Professional Corporation | November 02, 2026
The Ontario Court of Appeal's recent decision in Shiralian v. Wyldewood Creek Inc., 2026 ONCA 163, examines the limits of a purchaser's entitlement to damages where a vendor terminates a pre-construction condominium agreement following the expiry of the completion deadline under the Tarion Addendum.
Learn more -
Buy Ontario: What Contractors Need to Know
Joshua Strub and Jacob Lokash, Margie Strub Construction Law LLP | November 01, 2026
In the midst of a $200+ billion infrastructure buildout, the Government of Ontario has decided to take a page out of the U.S. playbook. In America, the Buy American Act has helped maintain domestic manufacturing by requiring the use of American-made goods in federal procurement. Against the backdrop of an ongoing trade war, Ontario has decided to follow suit by passing the Buy Ontario Act (the “Act”). The Act itself contains few requirements. Instead, it authorizes the government to issue directives requiring “public sector entities” to “take any measures respecting the procurement of goods and services."
Learn more -
Ontario Court Clarifies the Meaning of "Improvement" Under the Construction Lien Act
Rachel Fielding, Glaholt Bowles LLP | November 01, 2026
In Bradley-Kelly Construction Ltd. v GIP Construction Ontario East Ltd. et al., 2026 ONSC 5180, the Ontario Superior Court of Justice addressed a question of central importance to construction lien law: when does work performed by a subcontractor across multiple sites on a single project constitute work on a single “improvement” for the purposes of lien preservation timelines under the Construction Lien Act, R.S.O. 1990, c. C.30 (the “Act”)?
Learn more -
By Pavle Levkovic | November 01, 2026
The Court of Appeal for Ontario’s recent decision in KingSett Mortgage Corporation v. Mapleview Developments Ltd., 2026 ONCA 512, provides important guidance on the calculation of holdback deficiencies under s. 78(2) of the Construction Act (the “Act”). The decision resolves a long-standing uncertainty regarding the extent to which lien claimants are entitled to priority over a construction mortgage where an owner has failed to retain the statutory holdback.
Learn more -
Clear as Mud: Promoting the Re-use of Liquid Soils
Raivo Uukkivi, Matthew Bernier | October 26, 2026
The Ministry of the Environment, Conservation and Parks has increased its enforcement activities against haulers of and sites that have received “liquid soil”. Enforcement activities to date have included the issuance of orders to characterize and/or remove the soil, inspections, investigations, and even quasi-criminal prosecutions. Enforcement actions can result in material consequences, legal fees, and compliance costs.
Learn more -
Beyond Legal Authority: Governing Technology and AI in Ontario Schools
Ontario school boards must not only confirm they can legally use technology, but take proactive steps to govern how student data flows through it. This article reviews legislative and adjudicative guidance for responsible online data usage and disclosure, including a recent decision of the Information and Privacy Commissioner, which reinforce the need for data minimization, accountability, risk controls, and stronger oversight of digital tools for school boards.
Learn more -
Insights from the 25th Annual Charter Conference
Maren Julian | October 26, 2026
On October 6, 2026, the Constitutional, Civil Liberties and Human Rights Section of the Ontario Bar Association hosted its 25th Annual Charter Conference in Toronto. This article reviews key conference themes, including recent Charter jurisprudence, upcoming cases to watch, and strategies for effective advocacy.
Learn more -
The Limits of Liberty: Absolute Rights and Constitutional Responsibility
This article examines the relationship between individual liberty, competing constitutional rights, and the possibility of absolute rights under the Canadian Charter. Drawing on freedom of conscience, Supreme Court of Canada jurisprudence, and Canada's constitutional history, it explores how rights can coexist within a shared constitutional order while maintaining meaningful limits on governmental power.
Learn more -
-
Brown Bag Lunch – May 19, 2026
Rebecca Kennedy, Adair Goldblatt Bieber LLP | October 22, 2026
Members of the OBA practicing in the area of Trusts and Estates met in May for the monthly Brown Bag Lunch. Attendees discussed a number of interesting issues that come up in their practices, and shared their thoughts and suggestions with other practitioners.
Learn more -
Brown Bag Lunch – April 21, 2026
Rebecca Kennedy, Adair Goldblatt Bieber LLP | October 22, 2026
Members of the Ontario Bar Association’s Trusts and Estates Section met in April to discuss a wide range of issues arising in their practices. As always, participants came ready to share their thoughts, tips, and tricks with fellow practitioners.
Learn more -
An aunt and uncle are caring for their nephew, and they have been told by the children’s aid society (CAS) involved that they are considered a “Kin Placement” but there is no court order. What is this exactly? What is the legal authority for this placement? When does it end? How do you create a permanent plan for the future? The answer is: it depends on the pathway the CAS has chosen to facilitate this placement.
Learn more -
-
-
Starting with the Child: Children’s Meaningful Participation in Family Law Matters
Azayah Ferguson, Associate Lawyer, Burrison Hudani Doris LLP | October 16, 2026
At the OBA’s Seventeenth Annual Bread & Butter Issues in Family Law program on September 24, 2026, Dr. Rachel Birnbaum, Adjunct Research Professor and Distinguished University Professor Emerita at King’s University College, Western University, and Caterina (Cathy) Tempesta, Counsel at the Office of the Children’s Lawyer, jointly delivered a presentation to attendees on children’s participation rights, the different ways children may be heard, and the importance of treating their views as the beginning of a child-centred inquiry. This article summarizes some of the key principles and practice tips provided during this session.
Learn more -
Names and Identification Documents as Part of an Estate Planning Service
Kathleen Robichaud | October 16, 2026
This article discusses the ways that names used (names on ID and names with important institutions) can be mismatched and how that can affect the work of a substitute decision maker. The author emphasizes that knowing the names of a client and their substitute decision makers and verifying identification documents (even if not required to do so by the Law Society of Ontario) is an important service when helping a client with their estate plan.
Learn more -
Tax Proposals to Expand Definition of “Taxable Canadian Property”
Katerina Ignatova and Kevin Wang | October 14, 2026
This article summarizes proposed amendments to the Income Tax Act (Canada) definition of “taxable Canadian property” (“TCP”). The proposals would change the treatment of publicly traded partnership units, broaden the look-through rule, and reinstate the deeming rule for options and interests in property. If enacted, the amendments could expand the scope of TCP, with implications for non-residents holding direct or indirect interests in Canadian property.
Learn more -
Capacity, Undue Influence and the Least Restrictive Alternative: Melcher v. Melcher
This article examines Melcher v. Melcher, which considered the capacity of an 82-year-old woman with dementia and her competing estate documents. While the Court set aside documents made under her spouse's undue influence, it appointed her children as guardians and litigation guardians, despite finding she could still grant a Power of Attorney for personal care. The article argues these orders reflect "broader intervention than the statutory findings require," at the expense of her autonomy.
Learn more -
Dhriti Chakravarty | October 13, 2026
This is the author's first of two articles on requests to admit. It discusses deemed and inadvertent admissions – and how to withdraw them. The author also provides commentary on how overarching considerations of the interests of justice drive the jurisprudence on motions to withdraw, even if those considerations are not themselves elements of the applicable test.
Learn more -
Tips and Best Practices for Financial Institutions in Suspected Elder Financial Abuse Cases
Kira Domratchev & Ashley Thornton | October 12, 2026
When a senior's savings start vanishing, financial institutions are often in a position to intervene. But how far can they go? This article looks at the balance financial institutions have to strike between following client instructions, respecting privacy law, and protecting vulnerable seniors. Drawing on key Canadian cases on joint accounts and powers of attorney, it offers practical steps to spot red flags, document intent and verify authority, and explains when to report concerns to Ontario's Public Guardian and Trustee.
Learn more -
-
Ontario Beneficial Ownership Registry: What Tax and Corporate Lawyers Need to Know
This article examines Ontario’s beneficial ownership transparency regime, including the current requirement for privately held corporations to maintain an Individuals with Significant Control (ISC) register under the OBCA, as well as Ontario’s proposed Beneficial Ownership Registry. The proposed registry would require private corporations to file beneficial ownership information through an online platform using existing corporate filing processes. The article discusses key compliance obligations, access rules, penalties, federal comparisons, and practical considerations for tax, corporate, trust, and estate practitioners.
Learn more -
Elena Kozachek | October 09, 2026
In Harvard Properties Inc. v His Majesty the King, the Federal Court of Appeal reversed the Tax Court’s decision and vacated a section 160 assessment arising from a complex tax-planning transaction. This article explores how fair market value, consideration and arm’s-length dealing reshaped the analysis, why Microbjo was distinguishable, and why GAAR could not rescue the assessment.
Learn more -
Deeming Rules Under Section 93.2 of the Income Tax Act: An Unintended Trap for LLC Incentive Units?
Balaji (Bal) Katlai | October 09, 2026
Section 93.2 can create unexpected tax consequences where a Canadian-resident employee receives incentive units in a Delaware LLC. Canada generally treats the LLC as a corporation and section 93.2 deems its interests to be shares. Section 7 may tax the interest without cash to fund the liability, with no paragraph 110(1)(d) deduction. Distributions may be fully taxable as dividends, and U.S./Canadian timing differences may prevent foreign tax credits. FAPI issues may also arise.
Learn more -
Guardianship Only Available When Less Restrictive Course Does Not Exist
Rachel Jennings | October 09, 2026
Courts treat guardianship as a last resort, as the Substitute Decisions Act, 1992 bars appointing a guardian where a less restrictive alternative exists. D.R. v. A.R., 2026 ONSC 796, weighs autonomy against protection of the vulnerable. Although assessors found cognitive impairment, Ms. A.R. could revoke and grant a power of attorney and instruct counsel, so the Court declined to appoint a guardian. The lesson: applicants must consider whether a less restrictive option can meet the person's decision-making needs.
Learn more -
The Income Floor Held, The Housing Floor Didn't — Housing Affordability for Seniors in Ontario
Monica Martel-Oh | October 07, 2026
Federal income supports have kept poverty among Canadian seniors low, but Ontario's housing rules have not offered the same protection. Senior renters face the greatest risk, since newer units can see uncapped rent increases, vacant units can be re-rented at any price, and retirement home service charges fall outside rent guidelines. Homeowners, meanwhile, are often rich in equity but short on cash. The article calls for targeted rent reforms and early capacity planning with lawyers.
Learn more -
Predatory Marriage After Bill 245: Did Ontario’s 2022 Reforms Solve the Problem?
Apeksha Jain | October 06, 2026
This article examines whether Ontario's 2022 Bill 245 reforms, which ended the rule that marriage automatically revokes a will, solved the problem of predatory marriages. It explains why the reform was needed, its limits for marriages before 2022, and why risks remain: capacity to marry is still a low threshold, and exploitation can happen outside the will. However, it also cautions against labelling every late-life marriage predatory, stressing the need to balance protection with autonomy.
Learn more -
Where Families Fail the s. 84.1 Intergenerational Transfer Tests — and How to Protect your Clients
Koby Smutylo | October 05, 2026
When a parent sells the family business to the children's corporation, s. 84.1 of the Income Tax Act can tax the proceeds as a dividend rather than a capital gain. The 2024 intergenerational transfer exception avoids that treatment, but only if the parent actually leaves the business. CRA guidance and Bill C-15 (March 2026) show where families fail the tests and how to draft around them.
Learn more -
-
What’s New in Pension And Benefits – Fall 2026
Evan Shapiro, WTW and Patrick Simon, OPB | October 02, 2026
In Williams v. Enbridge Gas Inc., the Ontario Superior Court of Justice approved a class action settlement that required Enbridge to compensate employees on leave for whom it had not made required pension contributions. Read more about this development, along with other caselaw, legislative, regulatory, and taxation updates, in the fall 2026 edition of What's New in Pension and Benefits.
Learn more -
Safeguarding Settlement Funds – Fraud Detection and Prevention in Claims Administration
Emilie Maxwell | October 02, 2026
Online claims filing improves access to justice but also exposes class action settlements to increased risk of fraud. This article outlines several effective safeguards for preventing fraud while maintaining the benefits of online filing for genuine class members.
Learn more -
Reforms To Make Ontario's Class Action Regime Work for its Workers
Christian D'Ambrosi | October 02, 2026
Employment class action filings increased in the aftermath of the COVID-19 pandemic to fill the gap left by reduced Ministry enforcement. With government-led workplace investigations gradually recovering, this article proposes two reforms to Ontario's class actions regime to enable it to fulfil its promise of achieving access to justice for workers.
Learn more -
Client Management for the Young Lawyer: What I Wish I Had Known Sooner
Dr. Ningjing (Natalie) Zhang, Founder, BridgePoint Law Professional Corporation | October 02, 2026
Every difficult client Dr. Zhang has had became difficult because she did not set expectations clearly at intake. Drawing on a recent CARL webinar with three senior immigration lawyers and several years of her own solo practice, Dr. Zhang offers young lawyers three hard-earned lessons: front-load your friction before you sign the retainer, give anxious clients structure rather than reassurance, and understand that the skeptical client is not testing you. She closes with the removal file she still carries with her, and what it taught her about refusing to carry weight that is not hers.
Learn more -
-
From Interest to Experience: Building a Path to Litigation
Esma Boztas | September 21, 2026
Litigation felt like the right fit early on, but knowing what to do with that interest was another matter. A judicial law clerk at the Ontario Superior Court of Justice traces how experiential placements, summer work, and a clerkship reshaped a broad interest in advocacy into something concrete. Her advice: don't wait for a perfect plan. Choose experiences that answer questions, and pay attention to what makes you want to learn more.
Learn more -
-
Building Connections, Building Your Career: Networking Tips for Law Students
Hanaa Ameer-Uddin | September 14, 2026
Coffee chat requests flood inboxes once fall recruitment hits, but few know how to make those connections count. Hanaa Ameer-Uddin, Chair of the OBA Student Section Executive, shares practical networking tips for law students: why patience beats asking for a referral too soon, how social media can keep you top of mind, and why classmates might be your best connection of all.
Learn more -
Maryama Farah, LLB, LLM, MSc | September 08, 2026
For expert practitioners, and practitioners building their expertise, the key is to ensure that the current momentum to build digital infrastructure does not steamroll over these constitutional and fiduciary obligations. The development of a data center strategy must include robust engagement with First Nations on their own terms, respecting their intellectual property, and data sovereignty. It requires transparent and comprehensive environmental assessments that account for local ecological effects, including on bees, birds, and other species. In Ontario, the legal duty is even more profound, requiring the Crown to act honourably and to ensure that its pursuit of digital sovereignty does not compromise, but rather strengthens, the sovereignty of the First Nations within its boundaries.
Learn more -
-
What Keeps Me Up at Night and What Keeps Me in Family Law
Vanessa Lam, Strategic Advisor and Research Lawyer, Lam Family Law | September 02, 2026
This past July, the OBA’s Family Law Section Executive held its annual planning and insights meeting to help prepare for the year ahead. One of the questions we were asked was: What issues keep you up at night? As someone who has struggled with insomnia for basically my entire adult life, this wasn’t a straightforward question. But it did get me thinking about some of the serious challenges facing family lawyers today. This is not my typical research-heavy article. Instead, I wanted to share some of my reflections on my top three issues.
Learn more -
-
-
-
-
-
-
-
Why U.S. Title Insurance and Escrow Matter to the Canadian Real Estate Lawyer
Danijel Augustinovic and Zachary Dewey | July 20, 2026
Canadian real estate lawyers are accustomed to handling closings end-to-end. Under Canada’s Torrens-style land titles systems, the government register provides statutory assurance of title, and closings largely involve inter-law-firm fund exchanges. When your client purchases real property in the United States, however, the process is fundamentally different. There is no government guarantee of title. Instead, title evidence and settlement are private-market functions performed by title insurers and escrow/settlement agents. Understanding these differences is essential to properly advising your client on a U.S. real estate acquisition.
Learn more -
Jonathan Chen and Peter Douglas | July 15, 2026
Parallel class actions filed in multiple provinces are a familiar feature of Canadian class action practice, long understood to strain one of the central purposes of class proceedings: judicial economy. To address this concern, several provinces have amended their class proceedings legislation to provide additional tools for addressing parallel multi-jurisdictional class actions. Ontario did so in 2020 through amendments made to the Class Proceedings Act, 1992, which included the addition of sections 5(6)-5(8). More than five years after these provisions were implemented, the Ontario Superior Court of Justice, in Yee v. Telus International (Cda) Inc., 2026 ONSC 3165, has finally interpreted and applied them – providing valuable guidance for counsel on the factors to be considered where a stay of an Ontario class proceeding is sought on the basis of overlapping parallel class actions.
Learn more -
How Will Funding Be Weighed on Your Carriage Motion?
Nathalie Gondek | July 15, 2026
This article reviews court commentary regarding funding arrangements, and the importance funding could be given in the future. While funding has largely been a neutral factor in previous carriage decisions, courts have in various ways emphasized the importance of presenting a reliable funding plan at this stage.
Learn more -
The Emerging Role of Predominance in Ontario Class Actions: Pedersen V. Advanced Bionics LLC
Christine Galea and Oneal Banerjee | July 13, 2026
A recent certification decision of the Ontario Superior Court of Justice, Pedersen v. Advanced Bionics LLC, provides important guidance on the predominance requirement introduced by the 2020 amendments to Ontario's Class Proceedings Act, 1992. The case is noteworthy because it is one of the first decisions to meaningfully apply the predominance requirement following Justice Perell's analysis in Banman v. Ontario, 2023 ONSC 6187. This article considers the Court's novel use of the predominance requirement as a case-management tool capable of shaping and rehabilitating proposed class actions.
Learn more -
-
Why U.S. Title Insurance and Escrow Matter to the Canadian Real Estate Lawyer
Danijel Augustinovic and Zachary Dewey | July 07, 2026
Canadian real estate lawyers are accustomed to handling closings end-to-end. Under Canada’s Torrens-style land titles systems, the government register provides statutory assurance of title, and closings largely involve inter-law-firm fund exchanges. When your client purchases real property in the United States, however, the process is fundamentally different. There is no government guarantee of title. Instead, title evidence and settlement are private-market functions performed by title insurers and escrow/settlement agents. Understanding these differences is essential to properly advising your client on a U.S. real estate acquisition.
Learn more -
-
Karly Kolynchuk, Keel Cottrelle LLP | July 07, 2026
In Caledon Residences Inc. v. Ontario Land Tribunal, 2025 ONSC 6546, the Divisional Court confirmed that judicial review is not an appropriate means for challenging Ontario Land Tribunal (“OLT”) decisions on questions of law, to which it included matters of procedural fairness, and that instead leave to appeal must be sought.
Learn more -
-
-
-
-
-
-
A Seat at the Table: Reflections for Law Students and Lawyers Transitioning In-House
Hanaa Ameer-Uddin | June 30, 2026
Most lawyers start their careers working at a law firm and later transition to in-house roles. I began my legal career articling in-house, where I spent 10 months in the legal department at Mercedes-Benz Financial Services Canada. I am sharing my reflections to help those beginning their legal careers in-house or considering a transition into this type of role.
Learn more -
Decision No. 1068/21: A case of overlapping entitlements
Kelly Rodrigues, Solicitor, The Regional Municipality of Durham | June 30, 2026
In Decision No. 1068/21, a WSIAT Panel addressed overlapping claims for chronic pain and psychological injury, finding that the worker’s psychological conditions were subsumed under chronic pain disability as the primary impairment. The Panel nevertheless granted entitlement under the presumptive PTSD policy, holding that a worker may remain “employed” while on leave for the purposes of the presumption.
Learn more -
Trust Declarations: Testamentary Dispositions?
Michael G. von Keitz | June 30, 2026
This article considers whether a trust declaration entered into by an attorney for property violates the provisions of subsection 7(2) of the Substitute Decisions Act, particularly through revisiting the decision of Justice Gomery in Selkirk v Selkirk, 2022 ONSC 2653.
Learn more -
Assisted Decision-Making Under the SDA and Thoughts on Legal Counsel's Role
This article reviews the recent decision in D.R. v. A.R., 2026 ONSC 796 where the Court found that being able to make decisions, with assistance, is not the same as being incapable. The article also reviews what may be legal counsel's role where in assisted decision-making.
Learn more -
-
-
CBA Child Rights Toolkit: Emerging themes from the 2026 update
Rebecca Jaremko Bromwich, Ph.D., Consultant, CBA Child Rights Toolkit Update | June 22, 2026
Contributions from the child and youth law, research and advocacy community across Canada are helping the CBA Child and Youth Law Section ensure the Child Rights Toolkit is responsive to emerging technologies, attentive to children with intersecting marginalized identities, and focused on making children’s rights real in Canada.
Learn more -
Ahluwalia from a Children’s Rights Perspective
Whitney Evans, Associate Lawyer, Marchetti Family Law and Mediation | June 22, 2026
The Supreme Court of Canada (“SCC”) recognised a new tort of intimate partner violence in its long-anticipated decision of May 15, 2026, Ahluwalia v Ahluwalia, 2026 SCC 16. However, the SCC confined the application of the new tort to an intimate partner relationship. What does this mean for other family members who experience family violence, such as children?
Learn more -
-
When "Back to the Office" Becomes Constructive Dismissal: Lessons from the B.C. Court of Appeal
Samantha Sutherland-Archibald | June 19, 2026
In Cressey Construction Corporation v. Parolin, 2026 BCCA 199, the Court confirmed that a long-standing work-from-home arrangement may become an enforceable term of employment and that an employer's unilateral decision to revoke that arrangement can amount to constructive dismissal.
Learn more -
Updated Collective Bargaining Ontario Reports: A Positive Step, Still Work to be Done
On April 21, 2026, Collective Bargaining Ontario (CBO) launched its new redesigned Reports resource, an interactive database of wage trends and other information relating to collective agreements in the province. While there are still some apparent flaws that need to be ironed out, overall the new CBO Reports could be a helpful resource for labour lawyers who assist clients with collective bargaining and interest arbitration, and potentially also legal research for disputes about interpretation of collective agreement provisions.
Learn more -
No Splitting the Cheque: Common Employer Doctrine Upheld on Appeal
Irfan Kara & Alina Butt | June 19, 2026
In Boyce Estate v. 2113626 Ontario Inc. (Hampton Inn and Suites), 2026 ONCA 323, the Ontario Court of Appeal recently upheld the application of the common employer doctrine in the context of a wrongful dismissal claim. This decision is a good reminder that complex corporate structures are not meant to unjustly or unlawfully shield employers from liability.
Learn more -
Daniel Girlando, Roya Shidfar and Kate Lamont | June 19, 2026
In J.C. et al. v. Jugenburg et al., 2026 ONSC 3061, the court found that a plastic surgeon breached his duties to patients and intruded on their privacy by installing surveillance cameras throughout his clinic. This is the first time a court has found that recording footage alone, even if it was not viewed or shared, can result in liability for the tort of intrusion upon seclusion. The court awarded $21.5 million in aggregate damages for the class of roughly 7,000 patients for intrusion upon seclusion, and $1 million in punitive damages.
Learn more -
Introducing your 2026 Susan Davidson Memorial Award for Excellence in Health Law Winner: Bill Carter
Rozmin Mediratta | June 16, 2026
In this edition of the OBA Health Law’s Section Insider, we spoke with the 2026 recipient of the Susan Davidson Memorial Award for Excellence in Health Law, Bill Carter. Here’s what he had to say.
Learn more -
Inheritance Inequality: The Legal Gaps Transgender Beneficiaries Experience in Succession Law
Liz Kieffer (they/them) | June 16, 2026
This article by Liz Kieffer, an incoming 3L law student at Osgoode Hall Law School, explores problems that may arise when testamentary documents misname or misgender transgender individuals, and makes recommendations to amend Ontario law to ensure that the intention of the will is carried out.
Learn more -
Do Not Hold a Notice of Change in Representation in Escrow
Steve Benmor, Benmor Family Law Group | June 16, 2026
In the recent endorsement by Justice Alex Pazaratz in the case of Comeau v. Fox, 2025 ONSC 4318 (CanLII), lawyers are cautioned against holding a client’s signed Notice of Change in Representation to self-represent in escrow to be used at a later date, if and when the lawyer wishes to end the retainer.
Learn more -
David McRobert | June 15, 2026
David McRobert argues that Canada’s water problem is real; a constitutional shortcut is not. The remedy is not a grand federal takeover, but in co-operative federalism with tougher provincial rules, better infrastructure, Indigenous water governance and national standards with constitutional deference.
Learn more -
Procedural Fairness in Academic Dishonesty Licensing Decisions
In Afolabi v. Law Society of Ontario, the Ontario Court of Appeal allowed the Law Society of Ontario’s (LSO) appeal and provided helpful analysis on the scope of procedural fairness owed in professional regulation licensing decisions. Central to the CA’s reasoning was its conclusion that the Divisional Court misunderstood the regulatory structure governing the LSO’s response to compromised licensing exams and, in doing so, conflated the distinct roles of two LSO divisions.
Learn more -
-
-
-
-
Software and Copyright Ownership Issues in the Building Industry
Since the early 2000s, Building Information Modelling (BIM) has become an increasingly popular workflow process in the architecture, engineering, and construction industry (AEC industry). While the rise of BIM software has allowed greater efficiency and collaboration in the AEC industry, it has also given rise to questions regarding copyright ownership: Who owns the copyright in a BIM model? What rights do collaborators have to use and modify the information in a design made using a BIM model?
Learn more -
Noting Contractors in Default: What ProDemnity’s Latest Guidance Means for Consultants in Ontario
Lena Wang and Jessica Gahtan, Glaholt Bowles | June 09, 2026
On February 5, 2026, Pro-Demnity Insurance Company (the mandatory professional liability insurer for Ontario architects) published an article titled “Who Decides that a Contractor is in Default? A Guide for Architects” The message to architects administering construction contracts is unequivocal: under no circumstances should an architect make a determination that a contractor is in default or issue a Notice of Default. This is because a finding of default is, in substance, a legal opinion as to whether a contractor is in breach of contract – and architects are not in the business of giving legal opinions.
Learn more -
Ontario IPC Levies Second AMP Under PHIPA for Snooping in Health Records
Catherine Hart and Alex Toma | June 08, 2026
The Information and Privacy Commissioner of Ontario has issued its second administrative monetary penalty, since the expansion of its enforcement powers, against an individual who worked at a hospital and was caught snooping in 436 patient records without authorization. While the IPC did not issue a penalty against the hospital, the IPC made recommendations for the hospital to improve certain privacy practices.
Learn more -
Vigilance Required to Protect Against AI-Facilitated Elder Abuse
Paula Banhara, Associate, Loopstra Nixon LLP | June 08, 2026
While Artificial intelligence (AI) has increased productivity and innovation, it has amplified the challenges in the elder law landscape. Seniors have become the target of scams and other crimes involving AI. Older Canadians are particularly susceptible to these fraud schemes as AI becomes more sophisticated. For elder law practitioners, understanding how AI is reshaping financial abuse, undue influence, and fraud is essential, not only for litigation and estate disputes, but also for planning and client education.
Learn more -
Ontario Updates its Freedom of Information Legislative Frameworks
Mallory Gallant, Ellie Marshall, and Wendy Mee | June 08, 2026
Ontario is the latest province to make updates to its public-sector privacy and freedom of information legislation. Ontario’s Bill 97, Plan to Protect Ontario Act (Budget Measures), 2026 (Bill 97) received royal assent on April 24, 2026. Bill 97, among other things, introduces amendments to Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). In this bulletin, we highlight some of the changes that are most likely to impact businesses that work with public-sector institutions in Ontario.
Learn more -
AI Innovation Meets Privacy Regulation: Key Takeaways from the OPC’s Investigation into OpenAI
Lisa R. Lifshitz, Roland Hung, Laura Crimi - Torkin Manes | June 08, 2026
In November 2022, ChatGPT, a generative AI chatbot designed to allow users to input prompts and receive an AI-generated response, was first released to the public. While the platform has transformed how individuals and businesses interact with AI, it has also raised significant concerns regarding the collection, use and disclosure of personal information in the development and deployment of AI models.
Learn more -
The 2026 Canadian In-House Counsel Report: A Profession Under Load
Nick Barnes, City of Mississauga; Maurizio P. Artale, City of Mississauga | June 05, 2026
The 2026 Canadian In-House Counsel Report is now out. This report is published annually by CBA In-House Lawyers together with Mondaq and Legal 500, and is intended to provide insight into the priorities and challenges facing in-house lawyers today. It was released in February 2026 and draws on nearly 500 responses from lawyers across the country, with the largest provincial cohort being Ontario at 36%. These reports are a timely pulse on the state and trajectory of the legal profession. The key theme of this year’s report is that in-house counsel are asked to do more without the adequate resources.
Learn more -
Mentorship, Community, and the Power of Connection
Lotus Menezes, Legal Counsel at Hydro One Networks Inc. | June 05, 2026
One of the most rewarding aspects of my professional life today is supporting internationally trained lawyers who are beginning their own requalification journeys. Through my involvement with Osgoode Professional Development and the broader internationally trained lawyer (ITL) community, I regularly speak with lawyers who are considering, or are in the midst of, the process of qualifying to practice in Canada.
Learn more -
AI Competence Is Now a Professional Obligation
Soussanna Karas, General Counsel, Wilfred Laurier University | June 05, 2026
Artificial intelligence is now embedded in everyday legal practice, with widespread adoption by lawyers—often even without formal approval. The rise of “shadow AI” highlights a growing gap between how quickly employees are using AI tools and how slowly organizations are implementing governance and safeguards. Professional obligations have not diminished in response to these developments; they have intensified. Competence requires not just using AI tools, but using them responsibly.
Learn more -
Tomiwa Babatunde | June 04, 2026
Recent developments reflect a growing global movement toward responsible AI use in legal decision‑making and advocacy. Against this dynamic global backdrop, the Ontario Bar Association’s International Law Section hosted the webinar AI and International Legal Risk: Governance, Accountability, and the Evolution of Global Legal Standards. The program was chaired by Elena Mamay, litigator at Mann Lawyers, and featured Professor Jake Okechukwu Effoduh, Assistant Professor at the Lincoln Alexander School of Law and Senior Fellow at CIGI, and Lauren Nickerson, AI and Litigation Associate at Torys LLP. Together, they examined how shifting international frameworks intersect with the daily realities of legal risk management in Canada.
Learn more -
You May Be Ready for Mediation, But Make Sure Your Client Is Too
Successful mediation outcomes depend on more than legal preparation - they require clients who are emotionally ready and engaged in the process. In this article, mediator Stuart Rudner shares practical guidance on how counsel can bridge the gap between being prepared on paper and being prepared at the mediation table.
Learn more -
Tailoring a Tort: Minding the Gap
Jayashree Goswami | June 02, 2026
In Ahluwalia v. Ahluwalia, 2026 SCC 16, the Supreme Court of Canada (SCC) customised a new tort of intimate partner violence (IPV) in response to what it described as the “pernicious social ill” of coercive control in intimate relationships. In doing so, the SCC granted family law litigants and survivors of IPV a powerful civil remedy; and practitioners, a comprehensive and structured primer on the advent of novel torts, marking a first in Canadian law. Although this decision arose in a family law dispute, it is expected to shape the development of tort law well beyond the confines of family law, making it an essential read for all civil litigators. This article focuses on the SCC’s preion governing the evolution of new torts.
Learn more -
-
-