Resources, Articles, & Advocacy
Article | March 20, 2026
A Cautionary Tale for Vehicle Co Owners: ONCA Rules One Owner’s Consent Binds All
A powerful reminder for anyone sharing vehicle ownership. Consent from one owner can create liability for all. In Nowakowski v Campbell, 2025 ONCA 762, the Ontario Court of Appeal upheld a motion judge’s decision that a co-owner of a motor vehicle can be held liable for loss or damage caused by the negligent operation of the vehicle, even if they did not consent to a non-owner using it, so long as another co-owner did provide that consent.
Legislative Update | March 20, 2026
Your OBA LegUp Policy and Legislative Update Week of March 16
Pepper Spray: Ontario is calling on the Federal government to amend the Criminal Code to allow the use of pepper spray for self-defence. Currently, pepper spray designed for use on people is classified as a prohibited weapon.
Article | March 17, 2026
Increasing Police Presence in Ontario Schools
Recent amendments to the Education Act require school boards to work with local police services to provide access to schools prescribed circumstances. The Ministry of Education has proposed new regulations that detail the circumstances where police must be given access to participate in school board programming and to implement school resource officer programs. This article provides an overview of the Ministry’s proposal.
Article | March 17, 2026
S.R. v Matthews Hall Case Summary
In S.R. v Matthews Hall, 2024 HRTO 680 (CanLII) (“Matthews Hall”), the Human Rights Tribunal of Ontario (the “Tribunal”) awarded significant damages in favour of the Applicant family (the “Applicants”), who alleged discrimination contrary to the Human Rights Code, (the “Code”) and sought compensation from a private school (the “School”) and the Head of the School, along with other public interest remedies.
Article | March 16, 2026
Drawing the Line Between Loans and Income: Re Shaw Reins In Surplus‑Income Overreach
The Ontario Superior Court’s decision in Re Shaw, 2025 ONSC 6385 clarifies judicial interpretation of “total income” in section 68 of the Bankruptcy and Insolvency Act (“BIA”). While the surplus income regime is a familiar feature of Canadian bankruptcy law, the treatment of loans advanced during bankruptcy has remained surprisingly underdeveloped in jurisprudence. In Re Shaw, the Court addresses this gap by drawing a principled distinction between true loans and income, and underscoring the importance of fairness and the trustee’s advisory role in the bankruptcy process.
Article | March 13, 2026
Adjudicate, Lien, or Both? Strategic Pathways in Ontario’s Evolving Regime
Adjudication under the Construction Act, R.S.O. 1990, c. C.30, has become an established mechanism for resolving payment and contract disputes, but recent legislative and regulatory changes have reshaped how it intersects with lien and trust remedies. Practitioners must now navigate a more nuanced landscape, weighing not only the timing and scope of adjudication but also whether it should complement or replace traditional lien proceedings. Decisions about pursuing adjudication, liens, or a combination of both require careful consideration of enforcement options, procedural efficiency, and cost, particularly where multiple invoices or complex disputes arise. This article explores the evolving framework, recent case law, and strategic considerations for practitioners for selecting the most effective pathway to protect client interests and maximize recovery.
Legislative Update | March 13, 2026
Your OBA LegUp Policy and Legislative Update Week of March 9
Jets at Billy Bishop: Premier Ford has suggested that the province may expropriate Toronto’s share of the airport lands if officials block the expansion plans. The federal government did not specifically endorse the plan, but suggested it was open to examining future expansion.
