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Rethinking Arbitration Clauses – Are They More of a Headache Than They Are Worth? – A Case Comment on Novatrax International Inc. v. Hägele Landtechnik GmbH

Rethinking Arbitration Clauses – Are They More of a Headache Than They Are Worth? – A Case Comment on Novatrax International Inc. v. Hägele Landtechnik GmbH

  • November 15, 2016
  • Varoujan Arman and John Polyzogopoulos

The recent decision of the Court of Appeal for Ontario in Novatrax International Inc. v. Hägele Landtechnik GmbH provides a prime example of how arbitration clauses can complicate, rather than simplify matters. The result in that case is that there may now be more than one proceeding to resolve the dispute – an arbitration, plus a court case.

Civil Litigation
Employers’ Duty to Protect Employees on Social Media: Amalgamated Transit Union, Local 113 v Toronto Transit Commission (Use of Social Media Grievance)

Employers’ Duty to Protect Employees on Social Media: Amalgamated Transit Union, Local 113 v Toronto Transit Commission (Use of Social Media Grievance)

  • November 11, 2016
  • Kassia Bonisteel is an associate at Ursel Phillips Fellows Hopkinson LLP. Kassia practices labour and employment law and civil litigation for trade unions, associations and individual employees and appears before labour arbitrators, administrative tribunals and the courts.

Do employers have a duty to protect employees from harassment arising from employer operated social media?

Labour and Employment Law

What's the Buzz?

  • November 11, 2016

A compilation of links to articles, podcasts, and videos that may be of interest to members of the OBA Women Lawyers Forum. Have suggested content for this feature? Email the link to Justine Johnston at justine.johnston@blakes.com.

Women Lawyers Forum

Let's Talk Pay

  • November 11, 2016
  • Vivian Li

In Canada, for every dollar a second-year male associate earns, his female counterpart earns roughly 93 cents. A recent survey, published by the University of Toronto, showed that second-year male associates earn $5,500 more than their female counterparts largely due to differences in bonuses. This article explores the current pay gap that exists in the legal profession, some of the reasons for the gap, and suggested solutions to address the issue.

My Journey as a Foreign-Qualified Lawyer

  • November 11, 2016
  • Sarah Nasrullah

I met my husband in a modern-day fairy tale setting: on a Facebook thread discussing Canadian immigration. While he wooed me, I was figuring out how to get licensed to practice law in Canada. And now, whenever a foreign-qualified lawyer tells me that they are ready to give up on the accreditation process, I take a deep breath and say, “Let me tell you about my journey as a foreign qualified lawyer…”

Women Lawyers Forum, Student Forum

In Remembrance: The Law and Literature of Arthur S. Bourinot

  • November 10, 2016

On Remembrance Day, the Ontario Bar Association looks back at the tradition of lawyers serving their country in practice and in times of conflict. This year we review the contributions of the late Arthur S. Bourinot; a soldier, lawyer, and accomplished poet.

Mediation or Collaborative Practice - Which is for you?

  • November 09, 2016
  • Victoria Smith

Mediation and Collaborative Practice are processes available to family law clients who wish to resolve their issues, with professional assistance, out of court. How do you decide which process is for you?

Family Law, Student Forum
Steve Benmor

Deducting Real Estate Commissions: No longer a minor deduction

  • November 09, 2016
  • Steve Benmor

In many divorce cases, one spouse intends to purchase the home from the other spouse. In these cases, it is not uncommon for there to be a dispute as to whether a notional real estate commission should be deducted from the buyout price.

Family Law, Student Forum