Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Namrata Bhagia

Today
Today

Expert Reports and Pre-Trial Conferences

  • August 12, 2022
  • Laura Dowsley

Earlier this year, the Civil Rules Committee amended Rule 53.08(1) of the Rules of Civil Procedure, which had previously provided for flexibility for counsel in producing expert reports at pre-trial conferences. The flexibility built into the old Rule was creating limitations for the effectiveness of pre-trial conferences and often resulted in adjournments of fixed trial dates. The amendment to the Rule aims to strengthen the value of the pre-trial conference.

Insurance Law, Student Forum

Employers Take Note: Employees Must Be Informed of Electronic Monitoring Practices

  • July 25, 2022
  • Elliot Saccucci, Tahir Khorasanee and Isabelle Nazarian

As a result of a recent amendment to the Employment Standards Act as part of Bill 88, employers with 25 or more employees will be required to adopt a written policy on electronic monitoring.  Given the significant number of new obligations, businesses should begin preparing for Bill 88’s implementation now.

Student Forum, Young Lawyers' Division

Franchise Injunctions Revisited: Two Recent Decisions Demonstrate that Garcha Bros. is Not the End of the Story

  • July 15, 2022
  • Derek Ronde and Danielle DiPardo, Cassels Brock & Blackwell LLP

Restrictive covenants can be an essential feature of a franchise agreement, but how will they be enforced? Recent developments in the law have cast some confusion and inconsistency on the interpretation, scope, and enforceability of these clauses, including the test for obtaining injunctions. In this article the authors review recent decisions, and weigh in on the debate.

Franchise Law, Student Forum

Franchise Releases

  • July 15, 2022
  • Jonathan Mesiano-Crookston, Goldman Hine LLP

Section 11 of the Wishart Act is a protective provision preventing any waiver or release of rights. The Courts have interpreted the section strictly, presenting challenges in practice around ensuring enforceability of contractual releases. This article discusses the legal developments interpreting s. 11 and recent decisions clarifying its scope.

Franchise Law, Student Forum
Photos of authors Roland Hung and Ida Sherkat

No Coffee Breaks from Privacy Compliance - A Cautionary Tale for App Developers

  • July 11, 2022
  • Roland Hung and Ida Sherkat, Torkin Manes LLP

Mobile applications have become synonymous with organizations’ outreach initiatives. The recent joint investigation by federal and provincial privacy authorities into the Tim Hortons app emphasizes the need for companies to consider Canadian privacy laws when designing their apps.

Student Forum, Information Technology and Intellectual Property Law

The Litigator and Mental Health – a Must Read Article by Chief Justice Strathy of Ontario

  • July 11, 2022
  • Heather S. Douglas, B.A., J.D., LL.M.

In “The Litigator and Mental Health“, Chief Justice Strathy writes about mental health in our profession and what we can do to improve it. Unfortunately, practicing law can be damaging to one’s mental health. In fact, there is a strong correlation between traditional markers of success in the law and depression in lawyers.

Law Practice Management, Student Forum

5 Ways to Increase Efficiency In Your Law Firm

  • July 11, 2022
  • Sukhi Hansra

For many lawyers, time is everything. But time is hard to manage, particularly when you are busy dealing with a slew of phone calls, emails, invoices and document preparation, which, unfortunately, are not typically billable. In this article, I’ll be taking a look at 5 unique ways to manage your growth and expand your law firm while being cost effective and without, in fact, expanding the number of people working in your law firm.

Law Practice Management, Student Forum