Resources, Articles, & Advocacy
Article | November 17, 2025
Strategic Use of New Rules: Practical Tips for Litigators
Read about strategic considerations that all litigators should have in mind with the upcoming changes to Ontario's Rules of Civil Procedure.
Article | November 16, 2025
Old Cargo in New Vessels: A Simple Guide to Smart Contracts
Smart contracts are poised to reshape the way many businesses negotiate, store, and execute their agreements. In 2024, smart contracts – which store and execute agreements on a Blockchain – made up USD $2.02 billion in global transactional value, with projections forecasting that figure to reach USD $815.86 billion by 2034. In light of this rapid growth, this article looks to explore the ‘what, why, and how’ of smart contracts from the practitioner’s point of view, preparing them for a new frontier in commercial law by providing a list of best practices to adopt.
Advocacy | November 14, 2025
Your OBA LegUp Policy and Legislative Update Week of November 10
Ontario Fall Economic Statement: The Ontario government tabled their Fall Economic Statement on Thursday providing updates on their plan to "Protect Ontario". The projected deficit is down by $1.1 billion compared to the projections in the 2025 budget, while the unemployment rate is expected to rise by 1%, to 7.8%. The government still plans to balance the books by 2027-28.
Article | November 12, 2025
Port of Entry Practice: Insights, Challenges, and Best Practices for Counsel
The OBA Immigration Section hosted a session with CBSA officials and senior immigration lawyers to discuss evolving port of entry issues, including TRPs, criminal rehabilitation, work permits, flagpoling, section 44 reports, enforcement flags, and searches of electronic devices. CBSA emphasized the importance of complete, well-organized applications and confirmed that officers cannot pause adjudications to request missing documents. Criminal rehabilitation applications should generally be submitted to consulates, not at the border, due to the risk of refusal. Flagpoling restrictions continue nationwide, and TRPs cannot be used to bypass them. For work permits, clients should bring full documentation and ensure processing occurs before leaving the port. Enforcement flag removals must be approved by a minister’s delegate, and CBSA clarified that device searches are limited to cases with reasonable grounds, with safeguards for solicitor-client privilege. The discussion highlighted that preparation, completeness, and client awareness are key to success at the border.
Article | November 11, 2025
Canadian Immigration for Americans: An LGBTQ+ Immigration Lawyer’s Perspective
As the rights of the American 2SLGBTQIA+ community, and in particular the trans community, continue to be under serious attack, many 2SLGBTQIA+ Americans are beginning to consider immigration to Canada, where they may experience greater legal protections. Adrienne Smith, an immigration lawyer who assists 2SLGBTQIA+ individuals in her practice, discusses the recent uptick in immigration inquiries from trans and non-binary Americans, and the challenges these individuals face in making a refugee claim in Canada.
Article | November 11, 2025
PFAS in Canada: From Drinking Water Contamination to Class Action Litigation
Per- and polyfluoroalkyl substances (PFAS) are a large class of synthetic compounds valued for their resistance to heat, water, and oil. Their chemical stability has driven widespread industrial and commercial use, but also results in environmental persistence and potential health impacts. Recent developments include Health Canada’s updated drinking-water objective, the Government of Canada’s Final State of PFAS Report and proposed Risk Management Approach, and publicly reported mapping of PFAS hotspots nationwide by the CBC and The Globe and Mail. Class actions are also on the rise, largely addressing property-value impacts due to the stigma of PFAS contamination in residential drinking water.
Article | November 10, 2025
When, and Why, to Hire a Franchise Lawyer?
Prospective franchise clients often ask when they should retain a lawyer. My answer is almost always the same. A franchisor client should retain a franchise lawyer from the moment they try to franchise their business. Conversely, a franchisee client should retain a franchise lawyer as one of the last steps in the process.
