Articles 2020

Today
Today

Lawyering and Regulating During a Global Pandemic

  • November 18, 2020
  • Michael Rusek, senior legal counsel, Ontario Motor Vehicle Industry Council (OMVIC)

Even though we have yet to emerge from the pandemic, we have already learned (or in some cases, relearned) a number of lessons of critical importance to any in-house legal team. Here are some thoughts by Michael Rusek, senior legal counsel at OMVIC, regarding 'lawyering' and regulating during a global pandemic.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Thoughts on Building Diversity In Your Workplace

  • November 18, 2020
  • Adrian Ishak, senior corporate counsel (director), global labour and employment at Salesforce

These are certainly challenging times. A reckoning by many accounts. Lawyers are not immune to these turning tides. As in-house counsel, we have witnessed firsthand the impacts of the recent social upheavals, first as a result of the pandemic and then, over the summer, due to the growing call to address racial inequalities, first in the US and then across the globe.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum
Property Rights of Common Law Partners Upon Death

Property Rights of Common Law Partners Upon Death

  • November 17, 2020
  • Angela Ogang, newsletter editor, OBA Young Lawyers Division (Central)

Social conventions in Canada have evolved to the point where more and more couples are choosing to live together as common law partners. Yet in Ontario, there is a huge distinction between common law partners and married couples in terms of property rights and entitlements upon death. This article looks at some important issues that common law partners should consider sooner rather than later.

Student Forum, Young Lawyers' Division

Welcome from the Chair

  • November 16, 2020
  • David Shaw, Chair OBA Franchise Section

A note of welcome from our Section Chair, David Shaw, highlighting the group's activities and upcoming programs for this year.

Franchise Law, Student Forum
Harjot Atwal - legal counsel, claims at FCT

Construction Financing vs. Writs of Seizure and Sale: who trumps who?

  • November 16, 2020
  • Harjot Atwal - legal counsel, claims at FCT

In a construction context, certain percentages of mortgage funds are advanced in stages as the different stages of construction and development are completed. If a writ of seizure and sale is filed after the mortgage was registered and the mortgagee was given notice of the filing, are the mortgage advances that are made subsequent to the writ’s filing subject to such a writ’s priority? This article considers this question by discussing the case 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd.

Real Property Law, Student Forum

Top Ten Issues to Include in a Virtual Arbitration Protocol

  • November 13, 2020
  • Megan Keenberg

In a "New Normal" in the wake of COVID-19 and social distancing requirements, arbitration proceedings have adapted to meet a distanced, technologically plugged-in process. In this article, lawyer, arbitrator and mediator Megan Keenberg breaks down ten key points that are essential to a virtual arbitration protocol.

Alternative Dispute Resolution, Student Forum
Canada Proposes Criminalization of Conversion Therapy for LGBTQ2S Persons

Canada Proposes Criminalization of Conversion Therapy for LGBTQ2S Persons

  • November 13, 2020
  • Rebecca Hines

Conversion therapy is a blight on Canadian society, causing arguably irreparable harm to the LGBTQ2S community. According to the Canadian Department of Justice, lower income, Indigenous, and transgender people are disproportionately represented amongst those who have been exposed to conversion therapy. The recent Bill C-6 attempts to bring criminal law reform in line with LGBTQ2S rights to ban the harmful practice across the country.

Sexual Orientation and Gender Identity Law, Student Forum

Court of Appeal Summaries (November 2 – November 6, 2020)

  • November 13, 2020
  • John Polyzogopoulos

There were quite a few substantive decisions of the Court of Appeal released this week. Topics covered this week included another round of litigation in the Indian Residential School Settlement, vexatious litigants, the setting aside of an order granting summary judgement in the context of a shareholder’s agreement involving a right of first refusal, limitation periods, family law.

Civil Litigation, Student Forum