Articles

About Articles The following articles are published by the International Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Margaret Kim

Today
Today

ONTARIO COURT OF APPEAL SUMMARIES (APRIL 2- APRIL 6)

  • April 08, 2018
  • John Polyzogopoulos

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

Civil Litigation, Family Law, Franchise Law and 4 more..., Information Technology and Intellectual Property Law, Insurance Law, International Law, Real Property Law
Book Introduction: The Order of Nature

Book Introduction: The Order of Nature

  • January 10, 2018
  • Josh Scheinert

Josh Scheinert, the author of a recently published novel, The Order of Nature, provides an overview of his book.

International Law
3 Takeaways from CETA’s Implementation for Biologic/Pharma Patents In Canada

3 Takeaways from CETA’s Implementation for Biologic/Pharma Patents In Canada

  • May 29, 2017
  • Steve Mason and Sanjaya Mendis

The implementation of CETA will have significant impacts on biologic/pharma patents in Canada. Steve Mason and Sanjaya Mendis discuss its effects on patent terms, innovator rights of appeal in PM(NOC) proceedings, and procedural changes to PM(NOC) proceedings.

International Law
International Conflicts of Service

International Conflicts of Service

  • February 21, 2017
  • Stacey Hsu and Daniel Reisler

Xela Enterprises Ltd et al v Castillo et al is the leading case on how to serve a document on a party residing in a country that is not a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

International 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.

Home Away From Home: Doing Business in The Bahamas

Home Away From Home: Doing Business in The Bahamas

  • June 23, 2016
  • Chris Balkos

The Bahamas presents an opportunity for businesses to expand into new markets. It is a jurisdiction with easy access to major North America markets, no corporate tax, and legal standards similar to Canada’s. However, before in order to consider the opportunities and challenges of relocation, it is necessary to address the elephant in the room: the “Panama Papers" and surrounding issues.

International Law