BCBA Academic Forum

The BCBA Academic Forum is a platform dedicated to fostering dialogue and scholarship in Canadian law, comparative law, and related subject areas. Edited by Prof. Ivan Ozai, law professor at Queen’s University’s Faculty of Law, and Eduardo Oliveira, PhD and associate lawyer, the forum invites submissions of up to 1,500 words from law students, academics, and practitioners.
This is a unique opportunity for those seeking to create or enhance their legal writing samples. We welcome papers from LLM and JD programs. Join us in shaping the discourse in legal scholarship.
You can find our submission guidelines here.

Still Medically Required: Ongoing Physiotherapy Under Manitoba’s Motor Vehicle Accident No-Fault System

Paulo Arruda

May 15, 2026

For many Manitobans injured in motor vehicle accidents, the practical question is not who was at fault, but whether Manitoba Public Insurance Corporation (MPIC) will continue to fund treatment under the Personal Injury Protection Plan (PIPP). This issue becomes especially important when an injured person has reached maximum medical improvement but still depends on periodic physiotherapy to maintain function, manage chronic symptoms, or prevent deterioration. This article argues that the Automobile Injury Compensation Appeal Commission (AICAC) decision AC-18-042 reflects an important but narrow shift in the way ongoing physiotherapy claims should be analyzed.

Sandbagging in Brazilian Mergers and Acquisitions Law: Comparison Between Delaware, Canadian and Brazilian Laws

Nikolai Sosa Rebelo

February 5, 2026

M&A law and practice across the world are heavily influenced by North American law and practice. Delaware is the American jurisdiction where corporate law and M&A law have developed the most. In M&A, “sandbagging” refers the claim brought by a purchaser against the seller under the contract for breach of representations and warranties (“R&W”), even though the purchaser had knowledge that such R&W was false before entering into the contract or the closing (Kim M Shah & Glenn D West, 2007). The question becomes whether the purchaser is entitled to damages. In this article, we argue that absent clear language, sandbagging must be allowed.

Refugee Protection in Canada: Finding the Right Balance

Triccia Rafaela Chagas Dias

February 10, 2025

Canada has an immigration system recognized as one of the most organized, respectful, and welcoming in the world, reflecting the country’s values of diversity and inclusion. The Refugee Law in Canada is characterized by being one of the most humanitarian in the world, with values reflected in the inclusion and protection of human rights. Within the Immigration Refugee Protection Act (IRPA), two sections play extremely fundamental roles in determining the protection status of people seeking refugee in the country: sections 96 and 97. Both offer protection …

Implications of the Newly Proposed Canadian Consumer Privacy Protection Act on M&A Transactions

Nikolai Sosa Rebelo

October 22, 2024

Privacy law has gained traction globally due to digitalization. The data and analytics market is projected to reach US$ 184.53 billion by 2027, making data a tradable asset that influences consumer behaviour. Mergers and acquisitions (“M&A”) involve critical information transfers, making them subject to privacy laws. Compared to Canada, other jurisdictions have enacted more stringent laws than PIPEDA, prompting Bill C-27, which includes the Consumer Privacy Protection Act (“CPPA”) to replace PIPEDA. This article examines how the CPPA could impact M&A transactions …

A Sweetener for Public Health: The Case for Sugar Taxes

Ana Clara Prado Rocha

September 19, 2024

The growing concern about public health has prompted governments around the world to implement fiscal measures with the objective of reducing the consumption of foods deemed to be harmful to health. This article examines the relevance of the “sugar tax” in the health and political spheres. It offers an analysis of the risks associated with excessive consumption of sugary drinks, as well as an examination of opposing arguments …

Anti-corruption Compliance in Corporate Law

Ana Elisa Prado Rocha

August 30, 2024

The prospect of corporate profit is currently related to aspects of corporate social responsibility, such as transparency of financial activities and operational trust. The main objective of this article is to outline the anti-corruption measures applied in Canada that Brazil should use for corporate development. This critical analysis provides useful insights about the implementation of international conventions and the improvement of access to information, emphasizing the legal mechanisms …

Critical Perspectives on the Development of Aboriginal Rights in Canada

Natalia O. Johnston

June 13, 2024

The development of Aboriginal rights in Canada has been a complex and evolving journey, intricately linked with the country’s legislative and judicial history. This article highlights the ongoing struggle for meaningful recognition and protection of Indigenous rights within the Canadian legal framework, emphasizing the gaps that remain …

The Legal Imperatives for Advancing Sanitation Infrastructure in Brazil and Canada: A Comparative Perspective

Claudio Antonio Klaus Junior

May 22, 2024

Effective sanitation management transcends routine administrative or technical concerns, embodying a profound legal imperative deeply rooted in international law, human rights principles, and domestic legal frameworks. This short article provides a comparative analysis of the legal approaches to …