Resources, Articles, & Advocacy
Legislative Update | May 02, 2025
Your OBA LegUp Policy and Legislative Update Week of April 28
Province Proposes Plan to Get ‘Tough on Crime’: The Ontario government is proposing changes to the bail system that it says will protect communities by keeping violent repeat offenders off the streets and behind bars.
Legislative Update | April 25, 2025
Your OBA LegUp Policy and Legislative Update Week of April 21
Province Takes Control of School Board, Launches Probes at 3 Others: Ontario has taken control of one school board over financial mismanagement, launched financial probes of three other boards and ordered a fifth board to repay costs for a trip to Italy to buy art. New Education Minister Paul Calandra has ordered the Brant Haldimand Norfolk Catholic District School Board to repay the cost of the board trip to Italy, as well as the $100,000 spent on art. The province has appointed a supervisor to the Thames Valley District School Board, in London, after it conducted a review in the wake of a staff retreat to Toronto that cost about $40,000. It is also launching investigations at the Ottawa-Carleton District School Board, the Toronto Catholic District School Board and the Toronto District School Board over ongoing financial deficits and spending concerns.
Legislative Update | April 22, 2025
Your OBA LegUp Policy and Legislative Update Week of April 14
New Session Begins at Queen's Park: Tuesday's throne speech, delivered by Lt.-Gov. Edith Dumont, kicked off the new session of Premier Doug Ford’s third majority government. It leaned heavily on the theme of Ford’s successful election campaign, which tied the tariff threat to nearly every sector.
Legislative Update | March 31, 2025
Your OBA LegUp Policy and Legislative Update Week of March 24
OBA Seeks "Urgency, Transparency and Accountability" from LSO: In an op-ed published on Thursday, the OBA urged the Law Society of Ontario to deal quickly with the current crisis and then shift its focus from the insular considerations of how to govern itself to the vital work of governing. “These are hard times for the rule of law, access to justice and our economic stability. Lawyers have a critical role to play," OBA President Kathryn Manning wrote. “We must get past this issue and turn our efforts to these fundamental matters. The only way past this issue is to chart a straightforward course through; there is no getting around it. We look forward to working with the many benchers who recognize that.”
Article | March 24, 2025
Taking the Fun out of Funding: Developments in U.K. Litigation Funding and their Impact on Access to Justice
Class actions became part of the U.K. landscape with their introduction in competition law in October 2015. Since then, third-party litigation funding in that area has surged. However, this trend was halted by two recent decisions: one on the permissibility of certain kinds of funding agreements, and the other on funder control over settlements. This article will describe those developments and their implications for the litigation funding industry in class actions.
Article | March 16, 2025
Don’t Delay: Ontario Court of Appeal Updates Dismissal for Delay Test and Finds It Applies to Class Actions
This article reviews Barbiero v Pollack, 2024 ONCA 904, where the Court of Appeal for Ontario updated the Langenecker test for dismissal for delay, deciding that delay alone constitutes prejudice. The Court also emphasized that when it comes to dismissal for delay, class actions do not benefit from special treatment or exemptions from the consequences of inordinate delay – certified class actions can be dismissed for delay in the same manner as an individual action.
Article | March 15, 2025
Certification Denied in Privacy Breach Proposed Class Action: No Intent, Just Human Error
The Ontario Superior Court refused to certify a proposed class action against the Ministry of Children, Community and Social Services arising from an ODSP privacy breach. The court found that the facts as pleaded could not support the requisite intent or actionable harm for the causes of action advanced.
Article | March 15, 2025
Miss Independent: The Role of Independent Counsel in Class Proceedings
This article examines the role of independent counsel in class proceedings in carriage motions and class counsel fee approval motions following settlement. This article also explores the benefits and limitations of involving independent counsel at various stages of a class proceeding.
