Articles 2020

Aujourdʼhui
Aujourdʼhui

Ontario Court of Appeal Summaries (September 10 – 14, 2018)

  • 18 septembre 2018
  • John Polyzogopoulos

Topics include trespass by an owner’s invitees over land that was subject to a right of way granted by the owner to the plaintiff, stay pending appeal in the context of the ongoing administration of the residential schools settlement, appealing a judgment for breach of a commercial lease on the basis of fresh evidence, mental distress damages for negligence claims, jurisdiction and attornment in a custody dispute, and abuse of process in the context of requesting a reconsideration of an appeal.

Litige civil, Student Forum

How to Find Your Fit

  • 14 septembre 2018
  • Alison Southern

Whether you’re in the midst of your job search, or you have been feeling unfulfilled in your current role, here are some tips for helping you find your perfect career fit.

Student Forum, Young Lawyers' Division

Yaiguaje v Chevron Corporation, 2018 ONCA 472: A Necessary Discussion

  • 14 septembre 2018
  • Naomi Sayers

The Court of Appeal's decision in Yaiguaje raises concerns regarding the interaction between resource extraction corporations and Indigenous communities that apply internationally and in Canada. These issues may test the meaningfulness of the oft-lauded concept of corporate-social responsibility.

Droit autochtone, Student Forum

Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act

  • 14 septembre 2018
  • Edward (Ted) G. Betts

Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?

Droit de la construction et infrastructure, Student Forum

Ontario Court of Appeal Summaries (September 4 – 7, 2018)

  • 10 septembre 2018
  • John Polyzogopoulos

In Nasr Hospitality Services Inc. v Intact Insurance, another decision as to the meaning of “appropriate means” under subsection 5(a)(iv) of the Limitations Act, 2002, the Court reiterated that settlement negotiations do not toll the limitation period. Other topics included certification of a class action, the duty of care of auditors to shareholders, a useful refresher on basic principles of the law of evidence, guardianship application and appellate jurisdiction.

Litige civil, Student Forum
Effective Advocacy at Mediation

Effective Advocacy at Mediation

  • 06 septembre 2018
  • Marc Bhalla, mediator and arbitrator

Mediator and arbitrator Marc Bhalla uses case studies to argue that effective advocacy in mediation requires a different approach than advocacy in Court or arbitration.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
Preparing for Mediation

Preparing for Mediation

  • 06 septembre 2018
  • Stuart Rudner, employment lawyer and mediator

Mediator and lawyer Stuart Rudner observes how preparation for mediation, or lack thereof, can impact settlement. In this article, he provides tips for lawyers on how to maximize settlement opportunities through thoughtful mediation preparation.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Ontario Court of Appeal Summaries (August 27 – 31, 2018)

  • 06 septembre 2018
  • John Polyzogopoulos

Cases this week include 704604 Ontario Ltd. v. Pointes Protection Association, as well as a case stemming from a series of tweets; one that focused on Facebook postings; another involving a doctor who sued a lawyer who posted an email on the Ontario Trial Lawyers Association “Listserv”; an action based on an internet post; and a case about a political candidate who had a 25-year-old criminal conviction.

Litige civil, Student Forum