Today
Today

A Message from the Chair

  • November 23, 2016
  • Kathleen Robichaud

Kathleen Robichaud, Chair of the Sole, Small Firm, General Practice Section welcomes new and returning executive members and encourages sole, small firm, general practice colleagues to share input on how they feel the Section is supporting them or could better support them.

Sole, Small Firm and General Practice

Court of Appeal Summaries (November 14-18, 2016)

  • November 22, 2016
  • John Polyzogopoulos

Summaries for this week’s civil decisions of the Court of Appeal. Topics covered include commercial leasing, by-law enforcement, municipal liability, assessments under the Solicitors Act, pension obligations under a contract and family law.

Civil Litigation

Business Law Advisory Council Recommendations

  • November 22, 2016
  • Jennifer Babe

The Fall 2016 Report of the Council to the Minister has been published by the Minister and comments are due by December 12, 2016. A summary of the recommendations included in the report are set out herein.

Business Law

Case Comment: Morasse v Nadeau-Dubois, 2016 SCC 44, Does Contemptuous Expression Deserve Charter Protection?

  • November 22, 2016
  • John Wilson & Guy Régimbald

In Morasse v Nadeau Dubois, the majority of a divided Supreme Court of Canada upheld the Quebec Court of Appeal’s acquittal of the respondent, Gabriel Nadeau-Dubois. Nadeau-Dubois, the spokesperson for the prominent Quebec student group CLASSE, had been found guilty of contempt of court under article 50 of the Code of Civil Procedure for comments he made during a live television interview at the height of Quebec’s 2012 “maple spring” protests.

Constitutional, Civil Liberties and Human Rights Law
Breathing Easier: Recent Investor-State Dispute Settlement Cases Prioritize Public Health Regulation over Tobacco Company’s Rights

Breathing Easier: Recent Investor-State Dispute Settlement Cases Prioritize Public Health Regulation over Tobacco Company’s Rights

  • November 21, 2016
  • James Rendell

In two recent international arbitration cases, Philip Morris challenged new cigarette packaging regulations in Australia and Uruguay that it argued violated certain bilateral investment treaties signed by the countries. The arbitral tribunals sided with the state in both cases. What does this mean for tobacco companies and state regulatory and legislative autonomy in the future? In this article, James Rendell discusses the two decisions in the context of changing regulatory environments.

Fay McFarlane

Parents as a Wallet and Section 3(2)

  • November 21, 2016
  • Fay McFarlane

Separated parents usually seem to have no problem allowing their children to become saddled with a large student loan debt at the end of their education rather than helping them, often because they are in conflict with each another.

Family Law, Student Forum

Strategic and Ethical Considerations in Seeking Injunctive Relief

  • November 21, 2016
  • Rocco DiPucchio and Ryann Atkins

There are usually high stakes involved when bringing an injunction. It is therefore important to think critically about how best to advance your client’s claim for this extraordinary relief. This paper will walk through some of the key strategic decisions that a lawyer must make in considering whether to bring a motion for an injunction, and how to do so in a way that maximizes your chance of success.

Civil Litigation
The Protection of Species At Risk and Social and Economic Interests: <em>Wildlands League v. Ontario (Natural Resources and Forestry)</em>

The Protection of Species At Risk and Social and Economic Interests: Wildlands League v. Ontario (Natural Resources and Forestry)

  • November 18, 2016
  • Joanna Rosengarten and Ljiljana Stanic

On October 11, 2016, the Ontario Court of Appeal released its decision in the Wildlands League v. Ontario (Natural Resources and Forestry) case. The decision provides helpful commentary and guidance on the interpretation of the Ontario Endangered Species Act, 2007. The Court dismissed the appeal and recognized that the protection of species at risk and their habitats under the Act is not absolute and occurs in the context of human activities.

Pension Regulation - What's New in November

  • November 18, 2016
  • Heather Di Dio and Aiwen Xu

News on Pension Advisory Committees, Pooled Registered Pension Plans, Ontario's 2016 fall economic statement, and more...

Pensions and Benefits Law