Section Articles

Hanaa Ameer-Uddin graduated from the University of Ottawa and now articles at Mercedes-Benz Financial Services. Her interest in corporate law traces back to growing up in a family of entrepreneurs; from a young age, she noticed the impact of business decisions on people’s lives. In this conversation, she walks us through her path from undergrad to articling and shares practical advice for law students finding their way.

Parental leave is often described as time away from one’s career, but for many lawyers, it becomes an unexpected chapter of growth, clarity, and transformation. In this candid reflection, Jessica Byles-Nolet shares how stepping back from practice during her first year of motherhood reshaped her understanding of identity, ambition, and balance. What began as a fear of losing her professional edge evolved into a profound realization: that legal skills can be strengthened outside the office, and that presence—both at home and at work—requires intention. Her story offers encouragement to lawyers navigating parental leave and redefining what it means to thrive.

In this deeply personal reflection, Dr. Ningjing (Natalie) Zhang revisits her journey from living in a women’s shelter to becoming an immigration and refugee lawyer in Ontario. Inspired by a recent GROWL gathering, she shares three lessons she wishes she could give her younger self — lessons shaped by hardship, resilience, mentorship, and growth. This article invites lawyers, especially those from marginalized backgrounds, to rethink belonging, reject comparison, and embrace their unique stories as sources of strength.

The goal of this article is three-fold: to reflect on my non-profit work experience working with children and youth, share limited relevant information about the self-contained bail regime of the Youth Criminal Justice Act, S.C. 2002, c. 1 (the “YCJA”), and briefly discuss how the proposed bail reform may affect youth bail hearings. As this goal is rather ambitious, I would only be able to scratch the surface of the last item. I leave the invitation to other counsel to contribute to this important discussion.

The Supreme Court of Canada’s ruling in Kosicki v. Toronto represents a pivotal development in Ontario property law, offering much-needed clarity on the application of adverse possession to municipal lands. The decision provides a practical precedent for homeowners asserting possessory title over public land. 

The OBA held its annual Privacy Law Summit on October 15, bringing together privacy lawyers and professionals from across the country. Over 20 experts in the field spoke on a wide range of timely topics, from the rapid evolution of artificial intelligence to practical privacy governance within organizations. This article sums up some of the key insights shared by these highly regarded speakers and highlights important takeaways to keep in mind as we head into 2026.

In a recent decision of the Ontario Court of Justice, R. v. X.C., 2025 ONCJ 366, Justice Jones provides important clarification as to how this provision of the YCJA should be interpreted. Specifically, Justice Jones contends with the definition of “at trial.” At the heart of Justice Jones’ analysis is the conclusion that a young person is “at trial” from the moment they have indicated they want to contest their charges.

Three recent Ontario court decisions offer employers a welcome shift and much-needed insight into the types of termination provisions that will withstand judicial scrutiny. Two of the decisions confirm that the presence of the phrase “at any time” is not necessarily fatal to the enforceability of a termination provision, while the third decision limits Dufault v. The Corporation of the Township of Ignace’s reach by refusing to extend the reasoning in Dufault to compensation agreements that are separate from the employment contract itself.

Recently, the Canadian Human Rights Act's monetary cap of $20,000 was challenged before the Federal Court in Parkdale Community Legal Services v. Canada. While the Court recognized that the damages cap has remained stagnant for 25 years, it ultimately concluded that the issue was a policy issue, and not an issue that would be appropriate for Court comment.

On October 31, 2025, the Minister of the Environment, Conservation and Parks (the “MECP”) announced the Province’s intention to create the Ontario Provincial Conservation Agency through forthcoming legislation. This article reviews these changes and previous changes to conservation authorities in Ontario over the past eight years.

Is a decision from a municipal committee of adjustment a matter of public or private importance? A recent trilogy of cases from the Ontario Divisional Court has split on this very issue, raising the important question of whether, and when, aggrieved third parties have standing to apply for a judicial review of such decisions.

Two recent decisions of the Ontario Superior Court of Justice consider the consequences of parties' failure to attend examinations for discovery in the wrongful dismissal context.

A sequel to Mitchell Rose' "The Totally Not Fake Dictionary of Ontario Employment Law".

Read about strategic considerations that all litigators should have in mind with the upcoming changes to Ontario's Rules of Civil Procedure.

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.

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.

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.

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.

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.

More than ever, franchise brands need to ensure that there are mechanisms, procedures and protocols in place to alter their system standards to readily adapt to changes in the market and to consumer demands. Franchisors in the restaurant industry, in particular, should regularly review and update their operations manual and their franchise agreements to ensure that franchisee operations are able to adapt and stay consistent in response to market changes and to rapidly evolving consumer expectations that exist in the post-pandemic era. This article summarizes some of recent changes to food and drink legislation, and health and safety initiatives, as well as recent developments in sustainability practices that restaurant brands have had to adapt to.

Franchise agreements commonly include so-called “entire agreement” clauses. These are contractual provisions that seek to exclude any statements, representations, and agreements that were made outside of the written franchise agreement. This article identifies the principles the courts rely upon when interpreting and applying entire agreement clauses in franchise disputes, identifies the key cases considering this issue, and offers practical advice for counsel engaged in disputes concerning entire agreement clauses.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 27, 2025.

Discussion of recent BC Workers' Compensation Appeal Tribunal decision on how to handle AI submissions that include legal citation hallucinations and takeaways for adjudicators.

In a world where social media stars reach millions of viewers, the power of a single post can rival traditional advertising campaigns. From A-list celebrities to niche online personalities, influencer marketing has revolutionized how brands connect with their audiences, transforming personal recommendations into highly effective sales tools. Yet behind the glitz and viral content lies a complex maze of legal regulations that advertisers must navigate with care. Ignoring these rules isn’t just risky; it can result in serious consequences for advertisers - even if the influencer is ultimately responsible for the breach.

This week, I had the chance to attend a fascinating and insightful panel discussion, “Copyright in the Age of AI: Legal Implications and Emerging Issues,” hosted by the OBA Entertainment, Media & Communication Law and IT & IP Sections. The panel featured speakers from Cassels Brock & Blackwell LLP, Fasken, and CBC/Radio-Canada who shared their incredible knowledge and perspectives on how artificial intelligence is reshaping copyright law. As a law student interested in intellectual property and technology, it was eye-opening to hear how quickly AI is challenging long-standing legal concepts.

Current Canadian copyright law faces a growing challenge in addressing creative works generated or assisted by artificial intelligence (AI). The law remains rooted in traditional notions of human authorship, leaving a gap between technological capability and legal recognition. While the United States, United Kingdom, and other jurisdictions have begun to develop guidance and case law in this area, Canada lags, creating uncertainty in authorship, ownership, and enforceability—particularly for those working in film, television, music, and digital media.

The article analyzes how Budget 2025 aims to promote innovation in Canada, and presents a growth opportunity for business lawyers in the space.

The 2025 Annual Report to Parliament on Immigration confirms that Canada’s immigration system is entering a period of restraint after years of rapid expansion. Permanent resident admissions rose only slightly to 483,640 in 2024, while temporary streams saw sharp declines, new study permits dropped by more than 40 percent, from nearly half a million in 2023 to under 300,000, and work permits fell from 946,000 to about 905,000. Settlement agencies also served fewer clients, and the pool of temporary residents in Canada has begun to shrink, signalling fewer future pathways to permanent status. The report attributes these declines to new federal measures, particularly the study-permit cap and closer alignment of immigration with housing and labour capacity. The message from Ottawa is clear: the era of unrestrained growth has ended, and Canada is deliberately slowing intake to restore balance. For applicants and practitioners, this means a more competitive environment, tighter quotas, and the need for earlier, better-prepared, and more strategic applications.

A recent Federal Court of Appeal decision about medical psilocybin use exemptions is a great illustration of the administrative law principle that a significant policy shift must be adequately explained.

In recent years, Artificial Intelligence (AI) has dominated the news and is frequently used as an umbrella term encompassing a wide array of technologies, many of which predate modern AI. In its true sense, AI refers to systems that are designed to mimic human intelligence, including learning, comprehension and problem solving. However, not all technologies currently being promoted under the AI designation meet this definition. While AI is expected to have sweeping and transformative effects across numerous professions, including the legal sector - it is important to remember that all types of technologies can create opportunities and risks. Within this context, in-house counsel are increasingly adopting new technological solutions to streamline their workflows and enhance efficiency to add value to their organizations. From contract management to governance, incorporating technology into daily practice is reshaping how in-house legal teams operate within the business. This article highlights several practical ways in-house counsel can leverage technologies apart from AI to optimize their functions.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 20, 2025.

To open this newsletter season, we are delighted to feature an inspiring conversation with Jay Rudolph, the recipient of the 2025 OBA  Award of Excellence in ADR. Jay’s work and reputation in the field of mediation have long earned him the respect of colleagues, clients, and peers across the profession. I had the honour of sitting down with Jay to talk about his practice, his aspirations, and moments of reflection that reveal both nostalgia and gratitude. Our discussion offered a window into the thoughtful and grounded approach that has defined his career and the deep sense of purpose that continues to guide his work.

The Ontario Court of Appeal decision in Ontario (Transportation) v. J & P Leveque Bros. Haulage Ltd., 2025 ONCA 573, provides critical guidance on the interpretation of dispute resolution provisions in standard form government construction contracts and the limitation periods pertaining to same.

This article explores including tolling agreements directly within one’s construction contract, obviating the need to commence an action prematurely to avoid losing their claim due to the Limitations Act.

When schedule delays impact important contract milestones beyond key deadlines, a recovery schedule may be the only chance a project has to achieve those milestones. This article explores lessons learned from two projects that were significantly delayed and used recovery schedules to achieve project success, and discusses guidelines from the AACE Recommended Practice 54R-07, “Recovery Scheduling – As Applied in Engineering, Procurement, and Construction.”

On May 28, 2025, a precedent-setting order was issued in a Companies’ Creditors Arrangement Act (“CCAA”) proceeding preventing calls on performance bonds by obligees unless the written consent of the insolvent companies and monitor is obtained, or leave is granted by a commercial court judge.

The question at the heart of this article is whether the appropriate standard of care in negligence related to the maintenance and use of police databases by law enforcement and other related agencies should be interpreted in light of the Charter value of equality. In the authors’ view, the standard of care in negligence cases against law enforcement has been a relatively low bar and has been informed by law enforcement policies. The authors take the position this is true of cases involving police databases as well. Recently, the Supreme Court of Canada and the Ontario Court of Appeal have recognized that the over-policing of minorities violates the equality guarantees in s. 15 of the Charter. In the authors’ view, the data stored in police databases reflects the reality of this discriminatory over-policing. Put differently, the authors take the position that over-policing results in the over-representation of racial minorities in police databases. Given the underlying constitutional violations associated with over-policing, it is the authors’ position that cases involving the negligent maintenance or use of such databases engage the Charter value of equality. Charter rights are conceptually distinct from Charter values, but Charter values nevertheless underpin each Charter right and give it meaning. Charter values can apply even where a Charter right is not engaged. Tort law has long been developed in light of Charter values. In the authors’ view, the tort of negligence should be similarly developed. Specifically, when formulating and applying the standard of care in relation to the maintenance and use of police databases, courts should appropriately scrutinize existing policies and procedures, including any discriminatory impact of seemingly neutral policies.

Every four years marks a new provincial election cycle in Ontario. Each cycle, registered political parties are forced to contend with how, and through what mediums, they will drive Ontarians to the polls and communicate their political messaging. These considerations are increasingly important as advertisement media shifts and Ontarians’ central concerns evolve from cycle to cycle. This is not a concern for registered political parties alone, however. Third parties are also engaged in political advertising, albeit the extent of that advertisement during the 12 months before a provincial election writ period differs than that for registered political parties. In Ontario (Attorney General) v. Working Families Coalition (Canada) Inc., 2025 SCC 5 (“Working Families”), the Supreme Court of Canada explored the constitutionality of this differentiation.

This is your occasional dip into what child rights researchers and advocates have been up to of late. You’ll also want to read on for some helpful links as you get ready for National Child Day on November 20.

Your Child and Youth Law Section executive committee has put together three(!) upcoming events for anyone whose practice intersects with the rights and interests of children.

Each year, many of the Ontario Bar Association’s sections recognize those members who have made exceptional contributions to their areas of practice. This year, two longtime contributors to the Child and Youth Law Section are being recognized by their colleagues for their various accomplishments.

A significant legislative shift is underway in both Ottawa and Queen’s Park, one that should command the attention of lawyers in environmental, Indigenous, and administrative law. Federal Bill C-5 and Ontario’s Bill 5 are united by a common objective to accelerate major projects in the name of national and provincial prosperity. However, the legal mechanisms they employ to achieve this speed are prompting serious questions about constitutional duties, procedural fairness, and the future of regulatory certainty.

How do we, as lawyers, guide our clients through CAS involvement? Arguably, the answer lies in striking a careful balance: cooperating with the Society while maintaining strategic advocacy in our client’s best interests. It means helping the client engage meaningfully with CAS, without exposing themselves to unnecessary risk, self-incrimination, or the erosion of their legal rights.

The article discusses the growing need for accessible intellectual property (IP) legal support in Ontario, especially for small businesses, startups, and early-stage entrepreneurs who face financial and informational barriers to protecting their ideas. Despite Ontario’s status as a thriving innovation hub, current legal resources—especially in IP—are insufficient to meet the demand. To address this gap, university-based pro bono IP clinics are emerging as a key solution. The article focuses on the Western Intellectual Property and Innovation Legal Clinic (WIPILC) at Western University’s Faculty of Law, led by Dr. Bassem Awad. Founded in 2021, the Clinic helps innovators across Southwestern Ontario understand and protect their IP while offering law students practical, hands-on legal training.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 13, 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 6, 2025.

October 1, 2025 marked the 40th anniversary of the WSIAT, the Office of the Employer Adviser, and the Office of the Worker Adviser. This article traces their shared origins in the 1980 Weiler Report and the sweeping reforms that shaped Ontario’s modern workers’ compensation system.

In 2026 the Civil Rules Review Working Group (CRRWG) is looking to bring changes which include the elimination of Examinations for Discovery and replacing it with an early disclosure of all affidavits from all anticipated trial witnesses and documentation to be used at trial. Among the proposed reforms, the elimination of discoveries is by far the most discussed and striking proposal for litigators. Without oral testimony prior to trial, lawyers lose the critical opportunity to assess a plaintiff’s credibility and identify inconsistencies in their affidavits or documents. With trial being the first time evidence is heard, both parties may face unexpected developments, making it harder to anticipate and counter arguments. The elimination of discovery also removes the ability to request undertakings for key documents. Under the proposed 'documentary disclosure', there’s concern that parties may withhold materials that could support the opposing case. Without the mechanism of undertakings, obtaining crucial evidence may become significantly more challenging.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 29, 2025

For Aboriginal law practitioners in Ontario, navigating the fiscal landscape for First Nations clients often begins and ends with section 87 of the Indian Act, R.S.C., 1985, c. I-5. While crucial, its exemptions are limited and focused more on reserve. The real story of modern First Nations governance, however, is being written through the exercise of inherent tax authority. This shift from tax exemption to tax jurisdiction is a powerful tool for self-determination, and lawyers must be equipped to guide their clients through the evolving frameworks available.

Is municipal parkland immune from claims of adverse possession, and what role does the common law have in claims of adverse possession? In Kosicki v Toronto (City), 2025 SCC 28 (Kosicki), the Supreme Court of Canada (the SCC) answered these questions in a decision that likely has broader implications on the application of statutory law in Canada.

This Article examines Barrie & District Association of Realtors v. Information Technology Systems Ontario (2025 ONSC 3388), where the Ontario Superior Court upheld a not-for-profit’s authority to amend membership rules under the ONCA. The court dismissed BDAR’s challenge to ITSO’s by-law changes, finding they were valid, clear, and made in good faith to preserve ITSO’s independence. Justice Mathai emphasized judicial deference to internal governance decisions absent bad faith or procedural unfairness. The decision affirms that not-for-profits may adapt their governance structures to evolving needs, particularly in competitive, networked sectors like MLS systems, so long as changes are procedurally sound and aligned with corporate purpose.

In July 2025, the Federal Court of Canada certified a drip pricing class action for the first time but declined to certify the plaintiff’s double ticketing claim. In Deane v. Canada Post Corporation, 2025 FC 1194, the Federal Court provides important guidance on the drip pricing framework under the Competition Act and clarified the difference between drip pricing and double ticketing.

For over a decade courts have grappled with the question of what amounts to a ‘public correction’ for a Part XXIII.1 secondary market securities misrepresentation claim under the Securities Act. One issue that has repeatedly arisen but has not been resolved is whether there can be a ‘partial public correction’ of a misrepresentation.

In Carcillo, the Court of Appeal for Ontario engages in a careful review of the law concerning class actions grounded in claims of systemic negligence and institutional abuse, and underscores the importance of a detailed litigation plan at certification.

Sellars v. Canada (Attorney General), 2025 FC 1477 provides guidance on when the deferral of statements of defence may be appropriate in a proposed class action brought before the Federal Court.

Free for OBA members, the OBA AI Academy offers self-paced modules, a secure practice space, and LawQi, an AI guide built for lawyers. After completing the lessons, I stress-tested LawQi on dense tax provisions like EIFEL and thin cap. The Academy also blends learning with a dash of fun, thanks to a points system and a leaderboard for bragging rights.

This article examines the recent Federal Court of Appeal decision in Canada v. Vefghi Holding Corporation, 2025 FCA 143 which provides the answer to a longstanding technical question, namely, the point in time governing the determination of “connected status” in respect of dividends received by a corporate beneficiary and payor corporation in a “trust sandwich” structure.

Ten tips for lawyers to keep in mind when preparing an estate plan in order to avoid litigation, tax burdens, and family conflict.

Read an update on the digital modernization of the Superior Court as summarized in Chief Justice Morawetz's remarks at the Opening of the Courts 2025.

A round-up of topics discussed at the first Brown Bag Lunch meeting of the 2025/2026 OBA term.

A round-up of the issues discussed at the final Brown Bag Lunch meeting of the 2024/2025 OBA term.

Recent updates in Ontario and Federal pension legislation, regulatory policy, caselaw and taxation.

On Thursday, September 18, 2025, the Criminal Justice Section opened its CPD program season with “Unique Pre-Trial Applications: Severance, Particulars, & Release of Exhibits for Scientific Testing.” The esteemed panelists shared the perspectives from the Bench, the Crown, and the criminal defence Bar. Their respective views and insights helped the attendees to unravel the important factors, critical timelines, and procedural particularities of these powerful but often misunderstood and underused pre-trial applications. Importantly, these pre-trial motions are designed to resolve legal issues that may affect the conduct or fairness of the trial.

This article explores the current legal and regulatory landscape and addresses key considerations regarding privacy and data security in the context of M&A, highlighting the importance of due diligence, legal considerations, and best practices for Canadian lawyers and businesses – both pre- and post-closing. The importance of promptly addressing identified risks to ensure compliance and safeguard the business is also considered.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 15, 2025.

As one of the few refugee-turned-lawyers in Canada, Dr. Ningjing (Natalie) Zhang brings a unique perspective to legal practice. Before entering Queen’s Law, she and her children lived in a women’s shelter for nearly four years, an experience that shaped her deep empathy for vulnerable clients. Today, as founder of BridgePoint Law Professional Corporation, she reminds fellow professionals of a central truth: our work is not about us — it is about the clients whose lives are at stake. Drawing on stories from her own journey and her practice, Zhang emphasizes trauma-informed, client-centered care and the importance of collaboration with social workers and community agencies. She challenges lawyers to resist the pull of ego or efficiency quotas and instead focus on restoring dignity, fostering resilience, and empowering clients. “In the end,” she writes, “it is not about us. It is about them.”

This article provides an overview of the new privacy breach reporting and notification obligations under the Freedom of Information and Protection of Privacy Act (Ontario) and describes steps that organizations can take to ensure compliance with the new requirements.

At the May 2025 OBA CBSA liaison meeting, CBSA confirmed enforcement and removals remain priorities, with detention space consolidating at the Rexdale Immigration Holding Centre this fall. Counsel were urged to request assignment of dormant files, verify PRRA eligibility when clients receive call-ins, and report any removal notices issued to TRP holders. CBSA also confirmed that artificial intelligence is not used in immigration enforcement decisions.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 8, 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 1, 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 25, 2025.

In Ontario, heritage properties are governed by the Ontario Heritage Act (the “Act”). Several factors influence whether a property can be given heritage status, including: the age of the property, historical significance, architectural designs, cultural value, and ownership.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 11, 2025.

In litigation involving parties who are incapable, or where their capacity is in issue, it is important to ensure that the rights of such vulnerable parties are protected, and their wishes and dignity upheld. Litigation guardians and section 3 counsel under the Substitute Decisions Act, 1992 both serve similar purposes in this regard, but with different roles. In this article, Rebecca Kennedy discusses the differences in what each role requires or allows, and when the appointment of section 3 counsel or a litigation may be appropriate.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 4, 2025. 

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 28 to August 1, 2025.

Li v. Wayfair Canada Inc. and Jones v. Strides Toronto are incompatible with the earlier decisions in Dufault and Baker.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 21-25, 2025. It was a light week.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 7-11, 2025. It was a light week.

Municipalities in Ontario are often entrusted with broad legislative and administrative powers, including the creation and enforcement of local bylaws. However, the discretion afforded to them in how and when they enforce these by-laws can sometimes give rise to legal disputes. For plaintiffs contemplating a claim against a municipality for non-enforcement, however, the road ahead is steep. Unless the facts show more than a mere policy disagreement or dissatisfaction with local priorities, the courts are unlikely to interfere. The message from the judiciary is clear: discretion, when exercised reasonably and in good faith, remains a power of the Canadian municipal system.

Originally from Nigeria, Tomiwa Ogundipe obtained her LLB from the University of Lagos and her first LLM from Harvard Law School. Currently an LLM Candidate at Osgoode Hall Law School, she has practiced law in both Nigeria and the US. With an interest in business law, she summered at Borden Lardner Gervais LLP last year and will be articling there in 2025. In this Q&A, she offers insights, anecdotes and advice from her summer program experience.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 30, 2025.

We are at the mid-year point of 2025 and the privacy landscape in Canada continues to evolve. This article highlights Canada’s top five notable developments in the privacy space in 2025 so far.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of June 23-27, 2025.

In Decision No. 1254/24, the WSIAT granted entitlement for chronic mental stress after finding that a police officer was subjected to workplace harassment. The Panel rejected the employer’s workplace investigation and found the conduct especially egregious in light of contextual factors, such as the COVID-19 pandemic. It accepted a DSM diagnosis of anxiety and insomnia from a family doctor as sufficient under WSIB policy.

This article examines the growing use of artificial intelligence in migration systems, focusing on tools like IRCC’s Chinook platform and the UNHCR’s Project Jetson. It raises concerns about how these technologies may reinforce systemic bias, limit procedural fairness, and reduce transparency in decision-making. Drawing on recent Federal Court decisions and critical legal theory, the piece calls for stronger safeguards and a more accountable, rights-based approach to technology in immigration governance.

A recent CPD session explored how artificial intelligence is reshaping Canadian immigration processing. Experts from the Federal Court, IRCC, DOJ, academia, and private practice discussed IRCC’s use of automation to triage and approve files, the legal framework behind these systems, and the privacy and oversight issues they raise. As AI becomes more central to decision making, counsel must build the skills to understand, challenge, and navigate these tools to ensure fairness and protect their clients.

On June 22, 2025, Chief Justice Wagner served as keynote speaker for the Young Lawyers Division’s Annual Gala. Chief Justice Wagner has served on the Supreme Court since 2012, and is the 18th Chief Justice of Canada. He leads the Canadian Judicial Council, the National Judicial Institute, and the Advisory Council for the Order of Canada.

As the 2024-2025 term comes to a close, we wanted to take a moment to reflect on what’s been a dynamic and rewarding year for the OBA Health Law Section.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 16, 2025.

In Lemieux c. Sanimax Lom inc., 2025 QCCS 371, the Superior Court of Quebec’s Chief Justice rejected an unconventional request: to allow four dachshunds to serve as parties and representative plaintiffs in a proposed environmental class action.

You know it is true love when the CRA finally lets you claim each other. Tracing the evolving relationship between queer Canadians and the Income Tax Act, through key cases and legislative reforms, Alain Azar explores how LGBTQ+ lives have been acknowledged, and at times constrained, by a tax system built around traditional views. While it remains our civic duty to file with pride, we should also reflect on the underlying normative assumptions embedded in the process.

Whether the obligation comes from the legislation or a Court Order, a support payor is obligated to produce financial disclosure. This was succinctly reiterated in Neves v Pinto: Not only was Ms. Pinto statutorily obligated to produce complete financial disclosure, there were court orders that specifically required her to do so. Parties are not free to disregard court orders. Court orders are to be obeyed. Non-compliance with court orders must have consequences (Neves v Pinto 2020 ONSC 3098).

In Ontario, although grandparents do not have an automatic legal right to have contact with their grandchildren, they do have the right to make an application for contact. As Danielle Sawh outlines, the factors that a Court will consider in determining whether, and to what extent, to grant an order for contact between grandparents and grandchildren arise from both the legislation and the case law.

Where legal practice intersects with immigration, international families, and global financial matters, foreign law is not a complication; it is the context. Canadian courts have always operated with the understanding that foreign law, when relevant, must be treated as a question of fact. But as our legal and social realities evolve, so too does the need for clarity, structure, and cultural literacy when presenting those facts. This is where Certified Foreign Legal Consultants (FLCs) become indispensable.