Resources, Articles, & Advocacy
Article | June 20, 2025
The Grass is Always Greener: The Limited Lessons of the Toronto Local Appeal Body
The Toronto Local Appeal Body (the “TLAB”) stands as Ontario’s sole local appeals body for planning matters, ruling over appeals of variance and consent decisions from Toronto’s Committee of Adjustment (the “CoA”). Nearly ten years after the TLAB’s inception, the Body has had some successes but remains particularly limited by its role as an administrative tribunal.
Article | June 20, 2025
The Basics of Municipal Service Corporations - A Brief Overview
Municipal service corporations (MSCs) allow municipalities to efficiently deliver key public services by leveraging distinct corporate structures authorized under the Municipal Act, 2001. This article provides a broad overview of MSCs, their governance, benefits, and the legal requirements municipalities must follow when establishing one.
Advocacy | June 11, 2025
Your OBA LegUp Policy and Legislative Update Week of June 9
Article | June 10, 2025
“To Enforce or Not to Enforce?”: Recent Court of Appeal Decisions About Termination Clauses
This article summarizes recent Ontario Court of Appeal decisions about the enforceability of contractual termination clauses, including Bertsch and De Castro.
Article | June 10, 2025
Court of Appeal Summaries (June 2-6)
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 2, 2025.
Article | June 09, 2025
"Not Litigation in the Ordinary Course": New Brunswick Court Comments on Individual Issues Procedures in Historical Abuse Class Action
After liability has been established in common, how far does the court's authority go to attenuate the ordinary litigation process in determining the damages to be awarded to individual class members? In Hayes v. The City of Saint John, 2025 NBKB 58, the New Brunswick Court of King's Bench held that the vulnerable nature of the class in a historical sexual abuse class action demanded that the individual issues phase of the litigation be dealt with on an expeditious basis.
Article | June 09, 2025
On One Condition: Ontario Court of Appeal confirms no “conditional” certification of class proceedings
The Ontario Court of Appeal in Knisley v. Canada (Attorney General), 2025 ONCA 185, has confirmed that a class proceeding cannot be certified on a conditional basis. On a motion for certification, a motion judge must either certify an action as a class proceeding where the certification test has been met or must deny certification where the criteria for certification have not been met.
