Articles 2020

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head-shot photo of author Robert Richler

Dufault Case Finds New Faults with Termination Provisions

  • April 17, 2024
  • Robert Richler

A recent case underscoring the importance of ensuring termination clauses adhere to ESA minimum requirements and the need for employers to carefully consider whether to use fixed-terms when hiring employees.

Labour and Employment Law, Student Forum

Saskatchewan’s Proposed Comprehensive Franchise Legislation

  • April 12, 2024
  • Madison Black, associate, Osler, Hoskin & Harcourt LLP

This article summarizes and reviews Saskatchewan's Bill 149 The Franchise Disclosure Act, which was introduced in the Legislative Assembly of Saskatchewan on November 9, 2023 and underwent its second reading on March 4, 2024. The author points out some notable features of the Bill in relation to the enacted franchise legislation in other provinces of Canada.

Franchise Law, Student Forum

Race with the Machine: A Review of Online Dispute Resolution by Colm Brannigan and Marc Bhalla

  • April 12, 2024
  • Matthew Gordon

A review by Matthew Gordon, a Toronto-based litigator with experience resolving civil, administrative, labour, employment and constitutional disputes and the sitting Chair of the Ontario Bar Association’s Alternative Dispute Resolution section, of Online Dispute Resolution by Colm Brannigan and Marc Bhalla.

Alternative Dispute Resolution, Student Forum

Franchise Law Primer: Ontario’s Resale Exemption

  • April 12, 2024
  • Ryan McCabe, associate, Osler, Hoskin & Harcourt LLP

This article considers the so-called "resale exemption" from the requirement in Ontario's Arthur Wishart Act (Franchise Disclosure) that the franchisor make disclosure to a prospective franchisee. After examining the leading judicial cases relating to the resale exemption, the author demonstrates that the scope of the exemption is construed narrowly.

Franchise Law, Student Forum

The Snooping Spouse Problem: Insights from Moran v. Moran

  • April 09, 2024
  • Katherine Allen, articling student at Burrison Hudani Doris LLP

What are the potential consequences of a party surreptitiously obtaining their spouse’s private communications with a goal of using them against the spouse in family law proceedings? The recent case of Moran v. Moran, 2023 ONSC 6832 discusses an interesting remedy to a situation that often arises in family law disputes.

Family Law, Student Forum