Resources, Articles, & Advocacy
Article | May 25, 2026
He Who Decides Must Hear - Artificial Intelligence and Delegated Decision-Making Authority
Discussion of the use of artificial intelligence in an arbitration decision in Quebec leading to the decision being quashed.
Article | May 25, 2026
The Scope of the Police's Power of Arrest – R. v. Wilson, 2025 SCC 32
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.
Article | May 25, 2026
Intersectionality in Section 15 Discrimination Claims: Takeaways from Québec (AG) v Kanyinda
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.
Article | May 25, 2026
When the Minimum Fine is Too Much: Section 59(2) Submissions in Provincial Offences Court
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.
Legislative Update | May 25, 2026
Your OBA LegUp Policy and Legislative Update Week of May 18
Island Airport Cost: The Toronto Port Authority has said that the proposed Billy Bishop airport expansion would cost up to $5 billion dollars to complete. Ontario is proposed to take over Toronto’s role in the tripartite agreement that governs the land and has stated that the Federal government supports the expansion.
Article | May 21, 2026
Should I Stay or Should I Go? Ontario Superior Court Considers “Unprecedented” Request for Temporary Stays in Hundreds of Present and Future Related Actions Against Potential Class Members
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.
Article | May 20, 2026
Return to Sender: ONCA Dismisses Appeal of Consumer Protection Class Action Certification in Robson v Federal Express Canada Corporation
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.
