Section Articles

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 11, 2026.

In 2026, the uncanny valley isn't just for digital media anymore—it has come for physical movement. As humanoid robots master complex choreography and "physical AI" threatens jobs once thought safe from automation, are human dancers next on the chopping block? In this deep dive, IP and entertainment lawyer Abhi Ranade explores the collision of robotics, economics, and the dance floor. Discover how the little-known legal doctrine of choreography copyright might just be our best incidental defense against the "Turing Trap," and why the future of human movement may rely on keeping the law human.

A series of landmark antitrust decisions—from NCAA v Alston to the $2.8 billion settlement in House v NCAA—has dismantled the traditional amateurism model in U.S. college athletics, paving the way for athlete revenue-sharing and, now, private equity investment. The University of Utah's recent partnership with Otro Capital signals a new era in which collegiate athletic programs are being structured as commercial enterprises with institutional investors at the table. This article examines the legal and regulatory developments driving this transformation, the investment structures emerging in U.S. collegiate sports, and what these trends may mean for Canadian university athletics as financial pressures mount and the gap between the two models continues to widen.

From anti-SLAPP motions to online republication and anonymous digital speech, defamation law continues to evolve alongside the ways we communicate. This recap highlights key takeaways from the OBA’s April 16, 2026, “Key Updates in Defamation Law” program, co-chaired and co-moderated by Anisha Bhardwaj and Nour Al-Saied, featuring insights from Ryder Gilliland, Andrea Gonsalves, and Arad Moslehi on the practical and doctrinal issues shaping modern defamation disputes.

The Ontario Court of Appeal recently clarified that the burden of proof for the defence of mitigation is not limited to proving the plaintiff’s failure to take steps to mitigate. The defendant must also prove that mitigation opportunities were available and would have indeed mitigated the damage.

Recent IRCC policy changes are significantly reshaping international student representation and increasing the importance of compliance-focused legal advice. Positive developments include IRCC’s December 2025 clarification that students who become part-time in what was intended to be their final semester due to a failed course may still preserve PGWP eligibility, as well as the removal of the separate co-op work permit requirement for eligible students. At the same time, new restrictions on spousal open work permits, particularly the requirement that master’s programs generally be at least 16 months in length, are creating new barriers for international students and their families. These changes mean practitioners must conduct more detailed pre-retainer due diligence, carefully assess program eligibility and downstream immigration consequences, and approach study permit matters with a stronger focus on long-term strategy, compliance, and risk management.

Discussion of the use of artificial intelligence in an arbitration decision in Quebec leading to the decision being quashed.

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.

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.

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.

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.

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.

This article summarizes a recent Ontario Superior Court of Justice decision that provides important clarity on the meaning of "final and complete" under the mandatory dismissal for delay provisions of the Class Proceedings Act, 1992.

An interview with Devon Molloy, Member-at-Large on the OBA Business Law Section Executive.

An interview with Tomiwa Ogundipe, Student Member-at-Large on the OBA Business Law Section Executive.

An interview with Carrie Ritchie, Member-at-Large on the OBA Business Law Section Executive.

An interview with Ghaith Sibai, Member-at-Large on the OBA Business Law Section Executive.

It may surprise you to learn that Christine Davies did not start her career in the courtroom.  Christine began her litigation career as a research lawyer, immersed in complex legal issues and nuanced research questions. When an opportunity arose to practice another form of advocacy, the transition was a natural one. Christine, who has always been comfortable on her feet, jumped into her role as a litigator, drawing on her appreciation for the minutiae of the law and constant curiosity that was fostered at the start of her legal practice.

Judicial independence is often described as a constitutional principle and a cornerstone of the Canadian legal system. At its core, it guarantees that judges decide cases based solely on fact and law, free from external influence. But at critical moments, judicial independence becomes something more tangible - contested, scrutinized, and at times, publicly misunderstood. Recent developments have brought renewed attention to the judiciary’s role within our democratic framework. These moments provide an opportunity not only to reaffirm the doctrine of judicial independence, but also to examine how it operates in practice - particularly where legal decision-making intersects with broader governmental priorities and public sentiment.

Canada's youngest in the workforce are among the most vulnerable. Their anecdotal stories highlight the need for further and better education on workplace rights for Canada's youth.

A 59-year-old IBM executive was awarded $682,151.18 in wrongful dismissal damages – but it's the novel approach to valuing cancelled equity that employers and employees alike should be watching.

Recently, the Ontario Divisional Court in Bokhari v. Top Medical Transportation Services, 2026 ONSC 1073 (Bokhari) provided definitive guidance on the proper approach to jurisdictional screening at the Human Rights Tribunal of Ontario (the Tribunal). The decision restores the “plain and obvious” standard for dismissal of applications for lack of jurisdiction. While the decision expands access to relief under the Ontario Human Rights Code (the Code), it simultaneously weakens a key procedural tool used by the Tribunal to reduce its backlog. Whether the decision ultimately enhances access to justice remains to be seen.

The employment law landscape in Ontario underwent several changes over the past year through legislative reform and case law developments. As we are near the end of Q1 2026, this review serves as an overview of the key legal developments from 2025 (and a couple of former changes that need review annually), designed to help employers maintain compliance for the balance of the year and onward.

The Ontario Bar Association’s Women Lawyers’ Forum recently hosted its 11th Pathways to Power panel, “Women in Big Law: Leadership, Influence, and the Path Forward,” an event highlighting the diverse leadership journeys of women at the top of the legal profession. Featuring Janice Rubin, Sarit Batner, Monique Jilesen, Lorraine Mastersmith, and Kristin Taylor, the discussion offered practical insight into career progression, firm leadership, and ongoing efforts to advance equity in law.

Recently, the Federal Court of Appeal (“FCA”) released its long-awaited decision of Canada v DAC Investment Holdings Inc. (“DAC”). The FCA overturned the Tax Court of Canada and held that the general anti-avoidance rule applied to a Canadian-controlled private corporation (“CCPC”) that continued into the British Virgin Islands to cease being a CCPC. The FCA held that the continuation abused sections 123.3 and 123.4, and subsection 250(5.1) of the Income Tax Act (Canada).

This article reviews the treatment of pour-over clauses across Canadian jurisdictions.

Summary of Brown Bag Lunch meeting - March 17, 2026.

Summary of Brown Bag Lunch Meeting - February 17, 2026.

Summary of Brown Bag Lunch meeting from January 20, 2026.

Summary of Brown Bag Lunch meeting from December 2025.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 13, 2026.

In this personal reflection, Dr. Ningjing (Natalie) Zhang shares what she learned about small talk after arriving in Canada as a new immigrant in her thirties, the first in her family to attend post-secondary education. Drawing on the T.A.L.K. framework by Harvard Business School Professor Allison Wood Brooks, she walks through four practical principles, Topics, Asking, Levity, and Kindness, and applies them to the everyday conversations that shape a legal career: client intakes, networking receptions, mentor coffees, and difficult phone calls. Written for lawyers who, like her, were never handed the unwritten manual on Canadian small talk, the article offers both a framework and a quiet permission to keep learning.

Canada has launched a modernization review of the federal Privacy Act, led by the Treasury Board via a public consultation and discussion paper. The review seeks input on improving services, strengthening digital-age privacy protections, and updating oversight—covering themes like accountability, safeguards, and a stronger compliance regime. Consultations run until July 10, 2026, with findings expected in the winter 2026–27.

This article traces my shift from a litigation-centred understanding of dispute resolution toward an appreciation of arbitration and ADR as more collaborative and globally responsive systems of resolving disputes. I reflect on the academic, international, and practical experiences that first introduced me to alternative dispute resolution (ADR) and shaped my growing interest in arbitration. Insights from the 2025 Queen Mary University of London International Arbitration Survey (conducted with White & Case) further reinforced this perspective, particularly concerns that the increasing adoption of litigation-style advocacy, “guerrilla” tactics, and overly adversarial conduct may undermine the efficiency and collaborative ethos that arbitration seeks to preserve.

This article addresses a persistent stigma in the Canadian legal market: that students who pursue law degrees abroad did so because they could not gain admission to a Canadian law school. It pushes back on that assumption by examining the legitimate and varied reasons people choose the UK path, and demystifying the NCA licensing process. The argument is this: studying abroad is not the easier route, and understanding that before you leave makes all the difference when you return.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 6, 2026.

On January 18, 2024, after more than 20 years of negotiation, the Government of Canada, the Government of Nunavut and the Inuit of Nunavut (represented by Nunavut Tunngavik Incorporated (NTI)) signed the Nunavut Lands and Resources Devolution Agreement. The Agreement was effective when signed and will result in the transfer of administration and control of Crown Land in Nunavut on April 1, 2027. For Stephen Mansell, Chief Negotiator for the Government of Nunavut, this was the culmination of years of painstaking work. For the territory’s roughly 40,000 residents, 85% of whom are Inuit, it marks a historic shift in control over land, water, and resources...

Hierarchy in the legal profession is inevitable, but how we exercise it is a choice. This article argues that the problem is not hierarchy itself, but the ways authority is used to diminish rather than develop the people beneath it. Drawing on research in psychological safety, leadership development, and the neuroscience of dignity, it examines how lawyers shape the careers and confidence of those who come after them. Five practical tips offer a framework for leaders at every level: from asking better questions to naming the lid, owning hard conversations, and treating dignity as non-negotiable. The goal is not to flatten hierarchy, but to make it worth following.

Canada is advancing toward implementing a consumer-driven banking framework, also known as open banking, which aims to empower consumers and small businesses by allowing secure sharing of financial data with authorized entities via APIs, eliminating the need for risky screen scraping methods. Article summarizes historical development, recent progress in CDBA and outlines what consumers can expect in 2026 and 2027.

Environmental enforcement in the natural resource sector is becoming more active, with regulators relying on larger fines, administrative penalties, and broader compliance tools. Recent developments suggest a growing preference for faster enforcement mechanisms, particularly where regulators are seeking timely compliance outcomes. For regulated parties, this underscores the importance of maintaining strong internal systems, documentation, and environmental compliance practices.

Nathan Adams examines a landmark Ontario Superior Court of Justice decision where the court allowed punitive damages against the federal government in a PFAS class action, finding that a 2.5-year delay in warning residents about contaminated drinking water could amount to “high-handed” conduct; signalling real legal consequences for regulatory inaction.

Neurotechnology is rapidly expanding from clinical use into consumer markets, enabling the collection of highly sensitive neural data that can reveal thoughts, emotions, and behaviour. Regulators in Canada, the EU, and the U.S. have begun addressing this by classifying neural data as sensitive personal information under existing or new privacy laws. However, focusing solely on classification may leave significant gaps, especially where non-neural data can be used to infer mental states or where technologies evolve beyond current definitions. Experts and organizations like the World Economic Forum argue that a broader, technology-neutral regulatory approach is needed. In response, UNESCO’s 2025 Recommendation proposes a more comprehensive framework that goes beyond data classification to address the full lifecycle of neurotechnology. It emphasizes protections for both neural and related data, stronger consent and consumer safeguards, cybersecurity standards, and limits on commercial misuse. Overall, the trend is toward more flexible, future-proof regulation that governs not just data, but neurotechnology as a whole.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 30, 2026.

Clearview AI’s facial recognition technology, which collects images from publicly accessible online sources, has led to significant privacy law challenges and litigation in Canada. The legal scrutiny focuses on issues of consent, the classification of publicly available information, and the applicability of existing privacy laws to modern data practices.

The Harmonized Sales Tax (HST) rebate in Ontario is being expanded to all buyers to a maximum of $130,000.00. Both provincial and federal governments will eat up the entire 13% HST. The province will cover its 8% and federal will cover 5% of the HST. But the expansion proposed comes with some conditions. There are eligibility requirements, limit to property purchase price value, rebate amounts, construction requirements and a duration component to it.

Failed real estate transactions often give rise to disputes between buyers and sellers. While most of these disputes are mutually settled by the buyers and the sellers, there are some that don’t and make their way to the courtroom. Although these courtroom dramas are scary, they teach us a lesson so that we, as lawyers, get better when advising our respective clients in those situations. I have picked three cases.

As Canada prepares to co-host the 2026 FIFA World Cup, businesses face legal risks from ambush marketing, which involves unauthorized association with major events either through direct IP infringement or indirect suggestive tactics, both of which harm official sponsors and mislead the public. Canada lacks a broad legal ban on ambush marketing except for the Olympic and Paralympic Games, but consumer protection and IP laws like the Competition Act, Trademarks Act, and Copyright Act provide remedies against misleading representations and unauthorized use of protected marks and artistic works, with penalties including injunctions, damages, and substantial fines. Advertisers and event organizers are advised to carefully review campaigns and contracts to avoid legal violations and protect brand integrity, seeking legal guidance as needed.

Recent case law offers important guidance on the dichotomy of contractual limitation clauses in insurance policies, balancing the rights of insured parties with insurers’ ability to impose shorter timelines. Courts have emphasized that such clauses must be clearly worded and contextually appropriate. This article examines key court decisions, and the variables which impact when, if, and how a contractual limitation will be applicable. 

A recent decision of the British Columbia WCAT highlights the risks of relying on AI-generated legal submissions containing inaccurate or non-existent authorities. The Tribunal confirmed it need not engage with arguments lacking a legal foundation and cautioned that such errors may carry consequences. The case highlights representative’s obligation to verify AI-assisted work at all times.

While the framework surrounding the duty to accommodate students with disabilities is well established under Ontario law, disputes continue to arise around process, documentation, and the limits of undue hardship. Grounded in a recent OBA program organized by the Education Law Section, this article shares case law highlights and context surrounding the growing need for individualized assessment and meaningful access.

In the days of the Construction Lien Act (the “CLA”), it used to be said that holdback lost its character as holdback and became trust funds once liens expired. But that has not been the case since the introduction of the Construction Act’s amendments in 2018. On an improvement to which the Construction Act applies, owners cannot avoid holdback payment obligations simply by waiting (with one strange, recent caveat). This article provides a brief overview of how holdback has been treated when it comes time for payment by the owner.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 23, 2026.

Recent updates in Ontario and Federal pension legislation (including 2026 Ontario Budget announcements and amendments related to pensions and benefits), regulatory policy, caselaw and taxation.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 16, 2026.

Toronto’s preparation for the 2026 FIFA World Cup has introduced traffic and mobility measures that include restricting or pausing construction activities along key corridors during the event period, potentially impacting contractual performance and project schedules. Public reporting indicates that construction affecting major routes may be limited between May and July 2026, with some projects being sequenced or temporarily paused to accommodate traffic management and event logistics, creating foreseeable, non-project-specific constraints. In certain cases, active works may be stopped and resumed following the tournament, with associated demobilization and remobilization costs and schedule impacts falling to be addressed under the applicable contract mechanisms.

Ontario’s adjudication regime under the Construction Act was designed to provide rapid, interim resolution of payment disputes in the construction industry. Since the onset of statutory adjudication in 2019, the Divisional Court has been called upon with increasing frequency to delineate the boundaries of judicial oversight of adjudicators’ determinations. Sayers Foods Ltd. v. Gay Company Ltd., 2026 ONSC 918, is not only the latest notable Divisional Court pronouncement on statutory adjudication, but it also addresses matters of general importance beyond the Construction Act: allegations of fraud, delay claims, adjudicator bias and the treatment of evidence on judicial review.

Every lawyer who practices in administrative law has surely heard the warning that the tribunal at which they are about to appear is a “kangaroo court” – a disparaging remark used to describe a tribunal that lacks structure and rules, willing to admit any evidence, far outside the rigours of the civil court system. This article challenges this assumption. Based on the analysis contained herein, Tribunals do not “let everything in” or ignore the rules of evidence without justification.

Generative artificial intelligence (“AI”) is poised to reshape the Canadian legal and regulatory landscape in 2026. As the Canadian government explores the domestic regulation of AI and businesses race to leverage AI technology, Canadians will have to navigate a changing terrain defined by both opportunity and heightened risk. This article highlights five AI trends that deserve particular attention in the year ahead, from the evolving regulatory landscape and growing scrutiny of ownership of AI outputs to questions about authorship, privacy and liability related to the use and misuse of the novel technology.

A powerful reminder for anyone sharing vehicle ownership. Consent from one owner can create liability for all. In Nowakowski v Campbell, 2025 ONCA 762, the Ontario Court of Appeal upheld a motion judge’s decision that a co-owner of a motor vehicle can be held liable for loss or damage caused by the negligent operation of the vehicle, even if they did not consent to a non-owner using it, so long as another co-owner did provide that consent.

Recent amendments to the Education Act require school boards to work with local police services to provide access to schools prescribed circumstances. The Ministry of Education has proposed new regulations that detail the circumstances where police must be given access to participate in school board programming and to implement school resource officer programs. This article provides an overview of the Ministry’s proposal.

The Ontario Superior Court’s decision in Re Shaw, 2025 ONSC 6385 clarifies judicial interpretation of “total income” in section 68 of the Bankruptcy and Insolvency Act (“BIA”). While the surplus income regime is a familiar feature of Canadian bankruptcy law, the treatment of loans advanced during bankruptcy has remained surprisingly underdeveloped in jurisprudence. In Re Shaw, the Court addresses this gap by drawing a principled distinction between true loans and income, and underscoring the importance of fairness and the trustee’s advisory role in the bankruptcy process.

Adjudication under the Construction Act, R.S.O. 1990, c. C.30, has become an established mechanism for resolving payment and contract disputes, but recent legislative and regulatory changes have reshaped how it intersects with lien and trust remedies. Practitioners must now navigate a more nuanced landscape, weighing not only the timing and scope of adjudication but also whether it should complement or replace traditional lien proceedings. Decisions about pursuing adjudication, liens, or a combination of both require careful consideration of enforcement options, procedural efficiency, and cost, particularly where multiple invoices or complex disputes arise. This article explores the evolving framework, recent case law, and strategic considerations for practitioners for selecting the most effective pathway to protect client interests and maximize recovery.

To better understand why members of the OBA Child and Youth Law Section do what they do, I sat down with some section executive members to hear what brought them to child and youth law and why they volunteer with the Section.

Contribuer à cette importante ressource nationale avant le 1er mai 2026 ! On cherche de contenus et des suggestions en français ou in English.

Contribute to this important national resource by May 1, 2026! We're looking for content and suggestions in English and en français.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of March 2, 2026.

The year 2025 proved to be a defining one for human rights adjudication in Ontario. Significant judicial review decisions from the Divisional Court, notable findings of sexual harassment and sex-based discrimination, important rulings on pregnancy-related protections, and major procedural reforms have reshaped the landscape for practitioners and self-represented applicants alike. This article examines the key decisions and developments, with an eye toward what they mean for those navigating the system in 2026 and beyond.

The importance of the writ of habeas corpus cannot be overstated; predating the magna carta itself, it has been described by Adam Smith as the “great security against suppression," by William Blackstone as the “great and efficacious writ in all manner of illegal confinement," and by many more as the “Great Writ of Liberty." Habeas corpus requires a public authority detaining a person to bring them before a court to justify the legality of their detention; if the detention is found to be unlawful, the court must order their release. Expanding on the law of habeas corpus, the Supreme Court in Dorsey v. Canada (Attorney General), 2025 SCC 38 (“Dorsey”), found that a decision to deny an inmate a lower security classification can trigger the inmate’s habeas corpus rights.

In their letter to the legal profession, the Ontario Association of Chiefs of Police notes that orders under section 36(2) of the Children's Law Reform Act are meant to be “exceptional, time-limited remedies." The Association goes on to say that “police enforcement should be used sparingly.” Moreover, “recurring forced police apprehensions are not in the best interests of the child and should never become a long-term fixture in a child’s life to manage the parents’ behaviour."

From the first day of law school many of us walk in with the same goal in mind: secure an articling position. We study into the night to get good grades, join student clubs and moot competitions, all in the hopes of standing out during interviews. But once you finally land your articling position, a new question arises, how do you actually prepare for the transition from law student to articling student? In this article I share my experience navigating the shift and offer practical advice for both students and supervising lawyers to help make the articling term a successful and meaningful one.

A candid snapshot of a new lawyer’s first days in practice. An honest account of being thrown into the deep end—and discovering that uncertainty is the true starting point of legal practice.

Former pro basketball player and now corporate/commercial lawyer Ryan Ejim shares why he built a “Second Act” practice focused on helping professional athletes transition after retirement. Drawing on his own path from elite university basketball to overseas pro play, injury, and law school, he outlines the legal and structural planning athletes need to protect wealth, avoid predatory deals, and build sustainable careers beyond sport.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 17, 2026.

A fundamental shift away from traditional discovery has been brewing in this province via the Ontario Civil Rules Review. The latest proposal, released on December 15, 2025, suggests a transformation of discovery under the Rules of Civil Procedure.

Acceptance Speech of Justin Nasseri, inaugural OBA Civil Litigation Emerging Leader Award winner, with introduction by OBA Civil Litigation Executive Chair, Adil Abdulla

On January 30, 2026, the Federal Court of Appeal released a significant decision in Attorney General of Canada v. Responsible Plastic Use Coalition, 2026 FCA 17, reshaping the national conversation on plastics regulation and validating the federal government’s authority to list Plastic Manufactured Items as “toxic” under the Canadian Environmental Protection Act, 1999.

It has been nearly a decade since a province has enacted franchise legislation in Canada, but Saskatchewan is set to change that. Its new The Franchise Disclosure Act, coming into force on June 30, 2026, and its accompanying regulations brings the province into the regulated fold, introducing statutory disclosure requirements for franchisors operating in Saskatchewan. While the regime largely mirrors the models found in other provinces, it introduces several distinctive elements that franchisors need to understand, changes that close a longstanding regulatory gap and create new national compliance considerations that franchisors should begin planning for now.

The Civil Rules Review (“CRR”) was launched in 2024 as a joint initiative of the Chief Justice of the Ontario Superior Court of Justice and the Attorney General. The CRR’s mandate was to propose wholesale reforms to the Rules of Civil Procedure (the “Rules”) so that the civil justice system can be more accessible and to reduce costs and delays. A working group of lawyers, judges and academics was created to identify issues and create proposals (the “Working Group”). Following an earlier Consultation Paper, on December 19, 2025, the Working Group released its final policy report (the “Report”) to the public. Pages 176-183 of the Report relate to pre-trial procedure. In this article, I discuss the current procedure, the Working Group’s proposed reforms from the point of view of employment lawyers, and how these reforms, if implemented, may impact wrongful dismissal litigation in Ontario.

In two recent decisions, the Ontario Land Tribunal confirmed that the individual and fact-specific context of an application factors heavily on the reasonableness of a condition requiring parkland dedication, or cash in lieu (“CIL”). These rulings make clear that parkland dedication is not a generalized revenue tool for municipalities and is not intended to be imposed on every proposal that could be classified as development or redevelopment.

In this Q&A, Business Law Section Chair Avram Musafija talks about the challenges and most fulfilling aspects of his work, offers his best advice and lessons learned, and shares what excites him most about a busy year for the Section Executive. 

As of January 26, 2026, trial dates at the Ontario Court of Justice in Toronto can no longer be scheduled by email. There are now three methods to set dates at OCJ-T: 1) at a Virtual Counter via Zoom (no appointment needed). 2) at the physical counter located at 10 Armoury Street (no appointment needed), and 3) via appointment through a Trial Scheduling Meeting.

This article provides a refresher on the constructive dismissal doctrine and explores developments on permissible return-to-office measures.

The treatment of employee bonuses can be complicated, but reading this article will helpfully shed light on important considerations to comply with statutory requirements.

A brief profile of Mel Anderson, SAGDA's outgoing Chair for 2024-2025.

The concept of a “substitute decision-maker” is deceptively simple but legally complex. While the role is often conflated with informal caregiving or family decision-making, in law it carries significant fiduciary duties and procedural consequences. Matters are further complicated by inconsistent terminology: the Substitute Decisions Act, the Family Law Rules, and the Rules of Civil Procedure each frame incapacity and representation in slightly different ways. For practitioners, this patchwork can create pitfalls when advising clients, drafting materials, or litigating issues involving incapable parties.

In Decision No. 774/25, the WSIAT denied entitlement after finding that a worker’s injury, sustained during an unpaid lunch break on public property near the workplace, did not occur in the course of employment. The decision highlights that location, timing, and the personal nature of a worker’s activities remain key considerations when assessing entitlement for injuries occurring off employer premises.

In Decision No. 469/25, the WSIAT granted entitlement for chronic mental stress after finding that extraordinary workplace conditions during the COVID-19 pandemic exposed the worker to objectively dangerous health and safety risks. The decision highlights that “normal job stress” must be assessed contextually, and that exposure to heightened workplace hazards may constitute a substantial work related stressor for CMS entitlement purposes.

This article provides a summary of which documents can be executed remotely and best practices to ensure lawyers are complying with the legislation governing digital signatures.

This article provides guidance and resources to assist lawyers with clients who have assets in Québec, and describes new online services for searching for Wills in Québec.

This article outlines the developments in regulating and legislating MAID, including updates from Québec, British Columbia, and a discussion of mental illness in MAID.

The year 2025 will likely be remembered as a defining moment for international law. Across regions and legal regimes, we witnessed a convergence of forces that placed extraordinary strain on the rule-based international order. What made 2025 particularly challenging was not only the scale of these developments but also the environment in which they unfolded: legal determinations were increasingly filtered through political narratives, binding obligations were treated as optional, and evidence-based findings by courts and UN bodies were often dismissed as partisan or inconvenient. In such a climate, international law demands disciplined attention to facts rather than emotion, law rather than politics, and accountability rather than image management. This article outlines several of the most significant international legal developments of 2025 and reflects on what they collectively reveal about the state and stakes of international law today.

What is a class action? Why do we have them? How much do lawyers and litigation funders benefit from them, and why? This article, originally published by Lexpert, gets into the nitty gritty of these questions, through the lens of how different Canadian jurisdictions approach the issues of litigation funding, adverse costs, and counsel remuneration.

In a trilogy of cases in 2022, the Ontario Court of Appeal sharply limited the availability of the tort of intrusion upon seclusion in privacy and data breach class actions involving third-party hackers. This article considers two recent Ontario Superior Court of Justice decisions which demonstrate that while the Trilogy narrowed the scope of privacy class actions in Ontario, it did not necessarily close the door.