Section Articles

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.

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.

On June 6, 2024, the federal government tabled Bill C-5: An Act to enact the Free Trade and Labour Mobility Act and the Building Canada Act (the One Canadian Economy Act) to, among other things, accelerate approvals for energy and infrastructure projects that are designated as being in the national interest by enacting the Building Canada Act. This legislation aims to address pressing geopolitical, energy security, and economic concerns, while enhancing Canada's national prosperity and protecting the environment, and respecting the rights of Indigenous peoples. The One Canadian Economy Act faces a short sitting period in a minority Parliament, but Prime Minister Mark Carney has suggested that the sitting could be extended to ensure the Act is passed.

This article provides a brief overview of the decision of the Federal Court of Canada in Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319 (“Kebaowek”). For the first time, the Federal Court interpreted the role of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) within the duty to consult and accommodation framework. Among other things, the Court found that, because of UNDRIP’s adoption into Canadian law, the duty to consult and accommodate must be informed by it and decision makers must now consider how UNDRIP may impact the interpretation of Canadian law, including the fulfillment of section 35 obligations. The Court also clarified that the free, prior and informed consent under UNDRIP does not mean a veto or a right to a particular outcome, but rather, a right to a robust process.

As part of its broader legislative initiative under Bill 5, the Protecting Ontario by Unleashing our Economy Act, 2025 (Bill 5), the Ontario government has introduced a suite of proposed legislative reforms aimed at accelerating approvals for mining and critical infrastructure projects. One of the most consequential proposals includes significant amendments to the Endangered Species Act, 2007 (ESA).

On June 5, 2025, the Protect Ontario by Unleashing our Economy Act, 2025 ("Act") came into force. The Act aims to protect Ontario from global economic uncertainty by enacting measures that the government believes will stimulate Ontario's economy. It attempts to do so through amendments to the Electricity Act, 1998, the Endangered Species Act, 2007, the Environmental Assessment Act, the Environmental Protection Act, the Mining Act, the Ontario Energy Board Act, 1998, the Ontario Heritage Act and the Rebuilding Ontario Place Act, 2023 and by introducing the Special Economic Zones Act, 2025 and the Species Conservation Act, 2025. The amendments and new acts are summarized below.

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.

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.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 9 to 13, 2025.

This article summarizes recent Ontario Court of Appeal decisions about the enforceability of contractual termination clauses, including Bertsch and De Castro.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 2, 2025.

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.

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.

Cline v Gymnastics Canada, 2025 BCSC 146 is a pre-certification jurisdictional application brought by the Fédération de Gymnastique du Québec in a proposed historical abuse class action commenced in B.C. The Court reasoned that common issues standing alone do not create territorial competence for the purpose of a national class action. Territorial competence findings in prior product liability cases will not be instructive if the factual underpinnings of those decisions involve “something more”.

Emma Gardiner discusses a recent case which provides guidance on the application of solicitor-client privilege and deliberative secrecy in SPPA tribunal proceedings.

Alex Smith discusses a recent case on the impact of unauthorized recordings of tribunal proceedings and a tribunal's authority to set limits on the time given to parties to present their cases.

Alex Smith discusses a recent case on the impact of factual errors in an Agreed Statement of Facts.

On May 6th, the Ontario Bar Association’s Child and Youth Law and Young Lawyers Division hosted a professional development webinar featuring updates on pressing issues in child protection law. As part of a panel on “Privacy Records in Child Welfare”, Sam Wisnicki of the Office of the Children’s Lawyer presented an overview of the rules governing access to youth criminal justice records and information and their application to child protection proceedings.

Lachapelle v. St. Laurent Automotive Group Inc., 2025 ONSC 1956 appears to have been a fierce battle about a range of legal issues arising from an interesting set of facts. In addition, Justice Roger’s subsequent costs award, Lachapelle v. St. Laurent Automotive Group Inc., 2025 ONSC 2879 (released May 14), provides useful guidance on managing settlement negotiation and pre-trial conduct, particularly in the context of Simplified Procedure and Rule 49 cost consequences.

On June 6, 2024, the Homeowner Protection Act, 2004 came into force, which amended the Personal Property Security Act, ending the era of Notices of Security Interest (NOSIs) for consumer goods in Ontario. The amendment has banned the registration of NOSIs for consumer goods—defined as goods used or acquired for use primarily for personal, family or household purposes. Now, any consumer good NOSI registered against a property’s title before June 6, 2024 can be deleted. With this ban, Ontario seeks to better protect homeowners from unexpected liens and make property transactions more transparent.

In Parkin, one of only a handful of decisions interpreting the new statutory carriage test under the amended Class Proceedings Act, 1992, Justice Leiper granted carriage of a proposed securities class action against TD Bank for alleged misrepresentations with respect to its systemically deficient anti-money laundering controls to the Parkin action. The court found the Parkin action was superior to two competing actions as it avoided both potential concerns relating to contingency-fee splitting with a US firm and limitation period issues.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 26 to 30, 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 19 to 23, 2025.

Amidst economic uncertainty and a trade war, one thing remains constant: the Province of Ontario (the “Province”)’s attempts to boost housing supply. On May 12, 2025, the Province introduced Bill 17, the Protect Ontario by Building Faster and Smarter Act, 2025. Currently in its second reading, the Bill, if passed, would make changes to development charges, planning instruments, and provincial infrastructure development. This article explores these changes.

Taxation law is a complicated, nuanced beast. When a criminal investigation is launched by the Canada Revenue Agency (CRA) into a taxpayer for alleged violations of tax law, the law’s complications become more pronounced. In these moments, it can be stressful for taxpayers and their advisors to be aware of certain collateral consequences that can arise from criminal investigations.

In Ayre v. The King, 2025 TCC 41, the Tax Court of Canada dismissed six lead cases, along with ninety-nine bound appeals, challenging the Minister of National Revenue’s denial of charitable donation tax credits. The Court found that the appellants participated in tax shelter gifting arrangements involving cash and pharmaceutical donations without the requisite donative intent. As such, they were deemed not to be entitled to tax credits under section 118.1 of the Income Tax Act. The case is currently under appeal to the Federal Court of Appeal.

In this article, Shannon Sweeney highlights important amendments to the Employment Standards Act, 2000 and the Occupational Health and Safety Act, which will take effect in 2025 and 2026. Anyone who acts for employers, or who is an employer, will want to take note of these incoming changes.

On April 8, 2025, the Ontario Bar Association’s Entertainment, Media, and Communications Law Section hosted Entertainment Law Fundamentals at the OBA Conference Centre in Toronto. The event demystified the glitz and glamour of this dynamic area of practice through a candid and compelling conversation with three experienced entertainment lawyers: Laura Wilson-Lewis (Warner Music Canada), Tara Parker (Goodmans LLP), and Adrian Barnardo (Taylor Oballa Murray Leyland LLP).

January 15 is celebrated as National Hat Day, a throwback to a time when no outfit was complete without a hat. By the 1980s hats had become novelties, but on January 15, 2025, they roared back into relevance: Ontario Premier Doug Ford donned a bright blue cap reading “CANADA IS NOT FOR SALE.” The hat, a gift from Ottawa branding agency Jackpine, exploded across social media, and by dawn on January 16, Jackpine’s Shopify store had logged more than 8,000 orders.That same morning, an Ontario resident registered canadaisnotforsalehat.ca, quickly launching an independent online storefront selling hats bearing the same slogan.

In this installment of the "Get to Know Your Exec" series, meet Alessia Monastero, secretary, OBA Entertainment, Media, and Communications Law Section.

Recent updates in Ontario and Federal pension  regulatory policy and caselaw, including FSRA Pension Update, Survivor Benefits, and more.

Lori Isaj provides an overview of the new rules, implemented by the Law Society of Ontario on January 1, 2025, relating to client contingency planning to account for what happens if a lawyer or paralegal in private practice, referred to as a licensee, is unable to practice, either temporarily or permanently, due to illness, incapacity, sudden absence, or death.