Articles 2020

This award-winning article provides an in-depth case comment and analysis of Alberta Securities Commission v Hennig from Mandy Van Waes, recipient of this year's Michael MacNaughton Student Writing Award for Insolvency Law.

It’s not a matter of if, but when. Technology continues to develop in ways that are both amazing and alarming and allow us to connect in ways we would have previously considered unimaginable. With increased technological advancement and reliance, however, comes increased opportunities for hackers to exploit vulnerabilities and access hoards of sensitive personal and corporate data, which means increased cyber risks for more and more organizations.

Many of us are experiencing the historic coronavirus-mandated “lockdown” in close, relentless companionship – of partners, children, or housemates. This presents an opportunity for closeness borne from the intensity of the experience, but also increases the chance of conflict from which it may be difficult to retreat. This article describes how to use a mediation tool to help deal with quarantine conflict.

In the current climate of physical distancing, mediating online using platforms like Zoom or Microsoft WebEx has gained prominence. Many mediators are well-equipped to offer their services using these platforms and to respond to concerns that counsel or their clients may have. As counsel consider whether or not to take their mediations online, certain factors will be relevant to the decision-making process.

Following are summaries of the four substantive civil decisions of the Court of Appeal for Ontario released last week. In 4352238 Canada Inc. v. SNC-Lavalin Group Inc., the Court ordered the appeal to be heard in writing over the objection of one of the parties, finding there was nothing in the Courts of Justice Act or the Rules of Civil Procedure that prevented the Court from doing so in these extraordinary times.

Five years ago, the Ontario Bar Association’s Aboriginal Law Section held a program titled: “Practical Perspectives on Hot Topics, Emerging Issues & Game-Changing Cases” and since then, the practice of Aboriginal law has changed dramatically. To bring fellow members, non-members and students up to speed, the OBA Aboriginal Law Section hosted an updated version of this program during the OBA’s 2020 Institute. This article summarizes the 2020 program highlights.

Is the line between work and home getting blurry? Switching to working from home has been challenging for many of us. So here are a few tips and tricks that some of the WLF Executive have been using to stay productive.

While businesses are still required to comply with environmental obligations during the COVID-19 pandemic, many may be wondering whether they can engage environmental consulting services. Environmental consultants may themselves be questioning what services they can provide. This article discusses three common situations encountered by businesses and consulting firms along with considerations to assist in determining if environmental work should proceed.

Traditionally, recourse under Canadian laws for excessive pricing was limited to provincial consumer protection legislation in a minority of provinces. More recently, however, concern about price gouging in the context of the COVID-19 outbreak has led to renewed interest in excessive pricing regulation and, in Canada’s most populous province, the introduction of new powers under emergency response legislation to address such conduct.

Contracting parties are required to perform their agreed obligations. But what happens when an event takes place beyond the control of one of the contracting parties, such as the current COVID-19 pandemic, that renders a party unable to perform under the contract? This article provides an overview of contractual provisions and common law excuses that may excuse non-performance of a contract in such a situation.