Section Articles

On July 23, 2026, the Department of Finance introduced legislative proposals relating to the definition of “taxable Canadian property” found in subsection 248(1) of the Income Tax Act.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of 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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 7, 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.

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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 31, 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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 24, 2026. It was a light week.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 17, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 3 to 7, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 27, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 20, 2026. 

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 13, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 6, 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.

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.

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.

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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 29, 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.

This article examines the regulations and jurisprudence governing non-party evidence in estate litigation.

An interview with Hyunju (Crystal) Park, CPD Liaison on the OBA Business Law Section Executive.

An interview with Tinju Thomas, Secretary on the OBA Business Law Section.

An interview with Avechi Chimara, Vice-Chair of the OBA Business Law Section Executive.

An interview with Monique Rabideau, Co-Chair of Continuing Professional Development Programming, Chair of the Securities Law Committee, and member of the Business Law Section Executive.

An interview with Leanne Tran, Newsletter Editor on the OBA Business Law Section Executive.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 22, 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.

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.

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.

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.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of June 15, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 8, 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.

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?

Tarion, the organization responsible for administering Ontario’s new home warranty program, has made regulatory changes to address the important issue of illegal building and selling of new homes in the province.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Interview with Kathleen Robichaud, Member-at-Large on the OBA Business Law Section Executive.

An interview with Mark Simon, Regional Representative on the OBA Business Law Executive.

An interview with Colleen Colemn Wright, Member-at-Large.on the OBA Business Law Section Executive.

An interview with Tulu Harsa, Member-at-Large on the OBA Business Law Section Executive.

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?

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.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

The Ontario Bar Association’s International Law Section is pleased to congratulate Paul Lalonde on receiving the 2026 Award of Excellence in International Law.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 1, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 25, 2026.

Recently there have been changes to the Ontario’s New Home Warranty Program which came into effect April 1, 2026. New home buyers of new freehold homes in Ontario must register their purchase and notify their purchase to the Tarion Warranty Corporation within 45 days of signing the Agreement of Purchase and Sale. New home buyers will be required to register on the Tarion online portal. This is a step towards consumer protection and to prevent illegal home sales. Let’s see how this will work.

This case is a clear example of a failed commercial real estate transaction affirming that “time is the essence” clause must be complied with even if it is amidst pandemic challenges and that COVID-19 does not constitute an excuse for non-performance of contractual obligations.  It is a reminder that strict compliance of the terms of the Agreement of Purchase and Sale is necessary and failure to do so would lead to significant legal and financial repercussions.

The Superior Court of Justice Ontario granted relief from forfeiture to the applicant who brought an application pursuant to Section 20(1) of the Commercial Tenancies Act (CLA) R.S.O. 1990, c. L.7 (CTA), and section 98 of the Courts of Justice Act (CJA) R.S.O. 1990, C.43 (CJA). Section 20(1) of CLA provides relief from forfeiture “having regard to the proceeding and conduct of the parties under section 19 and to all other circumstances.” Section 98 of the CJA grants the court jurisdiction to grant relief from forfeiture as the court considers just.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 11, 2026.

In 2026, the uncanny valley isn't just for digital media anymore—it has come for physical movement. As humanoid robots master complex choreography and "physical AI" threatens jobs once thought safe from automation, are human dancers next on the chopping block? In this deep dive, IP and entertainment lawyer Abhi Ranade explores the collision of robotics, economics, and the dance floor. Discover how the little-known legal doctrine of choreography copyright might just be our best incidental defense against the "Turing Trap," and why the future of human movement may rely on keeping the law human.

A series of landmark antitrust decisions—from NCAA v Alston to the $2.8 billion settlement in House v NCAA—has dismantled the traditional amateurism model in U.S. college athletics, paving the way for athlete revenue-sharing and, now, private equity investment. The University of Utah's recent partnership with Otro Capital signals a new era in which collegiate athletic programs are being structured as commercial enterprises with institutional investors at the table. This article examines the legal and regulatory developments driving this transformation, the investment structures emerging in U.S. collegiate sports, and what these trends may mean for Canadian university athletics as financial pressures mount and the gap between the two models continues to widen.

From anti-SLAPP motions to online republication and anonymous digital speech, defamation law continues to evolve alongside the ways we communicate. This recap highlights key takeaways from the OBA’s April 16, 2026, “Key Updates in Defamation Law” program, co-chaired and co-moderated by Anisha Bhardwaj and Nour Al-Saied, featuring insights from Ryder Gilliland, Andrea Gonsalves, and Arad Moslehi on the practical and doctrinal issues shaping modern defamation disputes.

The Ontario Court of Appeal recently clarified that the burden of proof for the defence of mitigation is not limited to proving the plaintiff’s failure to take steps to mitigate. The defendant must also prove that mitigation opportunities were available and would have indeed mitigated the damage.

Recent IRCC policy changes are significantly reshaping international student representation and increasing the importance of compliance-focused legal advice. Positive developments include IRCC’s December 2025 clarification that students who become part-time in what was intended to be their final semester due to a failed course may still preserve PGWP eligibility, as well as the removal of the separate co-op work permit requirement for eligible students. At the same time, new restrictions on spousal open work permits, particularly the requirement that master’s programs generally be at least 16 months in length, are creating new barriers for international students and their families. These changes mean practitioners must conduct more detailed pre-retainer due diligence, carefully assess program eligibility and downstream immigration consequences, and approach study permit matters with a stronger focus on long-term strategy, compliance, and risk management.

Discussion of the use of artificial intelligence in an arbitration decision in Quebec leading to the decision being quashed.

The scope of the police’s power of arrest is an important issue to all people as it entails a violation of people’s individual liberty and autonomy. Thus, the extent of this power and purposes the police can exercise this power for must be carefully circumscribed. In R v. Wilson, the Supreme Court of Canada addressed the extent of the police’s power to arrest in determining whether a statutory immunity from being charged or convicted for the offence of possession of a controlled substance in specific circumstances included immunity from being arrested for that offence.

People are more than the sum of their parts and unfortunately, so is the discrimination they face. This observation was put forward by the scholar and advocate Kimberlé Crenshaw in a study addressing the discrimination faced by Black women in America and showing how it differs from merely a sum of sexism (also experienced by white women) and racism (also experienced by white men). It has led to the development of the concept of “intersectionality,” a framework in which the different types of discriminations faced by an individual or group are understood as “overlapping and mutually constitutive rather that isolated and distinct.” How, if at all, does this concept play a role when considering issues of equality and discrimination under the Charter in Canada? After all, to establish whether discrimination exists, the framework set by section 15(1) relies on individual, siloed grounds—be they enumerated (race, national or ethnic origin, colour, religion, sex, age or mental or physical disability) or analogous (non-citizenship, marital status, sexual orientation, Aboriginality-residence, and non-resident status in a self-governing Indigenous community ) grounds. This was one of the central questions tackled by the Supreme Court of Canada in Québec (AG) v Kanyinda, 2026 SCC 7.

This article discusses the use of section 59(2) of Ontario’s Provincial Offences Act as a sentencing tool to reduce mandatory minimum fines in exceptional circumstances where imposing the statutory minimum would be unduly oppressive or contrary to the interests of justice. It explains the legal principles governing section 59(2) submissions, the distinction between inconvenience and genuine hardship, and the evidentiary requirements counsel should prepare to support relief applications. The article also examines the limitations imposed by appellate jurisprudence, including the Ontario Court of Appeal’s decision in Ontario (Environment, Conservation and Parks) v. Henry of Pelham Inc., emphasizing that mandatory minimum fines serve important deterrence and public welfare objectives. Practical guidance is provided for counsel representing clients facing significant fines under provincial regulatory legislation.

Unlawful Enforcers does not seek to assign blame to a single institution or actor. Rather, it recognizes that the integrity of the justice system depends on the consistent application of constitutional principles at every stage of the investigative and adjudicative process. Safeguarding constitutional rights is a shared obligation across the legal profession and justice system. Grounded in empirical research and focused on systemic reform, Unlawful Enforcers advocates for stronger accountability, transparency, oversight, and institutional responsiveness to better protect constitutional rights, and to strengthen public confidence in the administration of justice and the rule of law.

In a decision relating to two proposed class proceedings – Pavlioglu et al. v. FinanceIt Canada Inc. and Quinn v. Vault Home Credit Corporation – the Ontario Superior Court considered the novel question of whether to grant the plaintiff’s “unprecedented” request for temporary stays of an indeterminate number of present and future related individual actions commenced by or against potential class members.

This article summarizes a recent Ontario Court of Appeal decision that considers key differences in provincial consumer protection legislation in the context of an unsuccessful appeal of a certification decision concerning unsolicited service fees charged to consumers who ship goods into Canada.

This article summarizes a recent Ontario Superior Court of Justice decision that provides important clarity on the meaning of "final and complete" under the mandatory dismissal for delay provisions of the Class Proceedings Act, 1992.

An interview with Devon Molloy, Member-at-Large on the OBA Business Law Section Executive.