Articles 2021

Today
Today

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

Access to Justice for Incarcerated Parents: Bridging the Gap

  • April 09, 2024
  • Emily O'Keefe, McLeod Green Dewar LLP & Associates

An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.

Family Law, Student Forum
head-shot photo of author Shelly Kalra

Best Practices: How to Prepare for Court and What to Expect

  • April 09, 2024
  • Shelly Kalra, Kalra Family Law

Standing in front of a judge and not knowing what to do is daunting. Trust me – we have all been there. This article will provide best practices on how to effectively prepare for court and what to expect when you get there. With a little bit of time, patience, and preparation, you can ensure that your court appearances are helpful and leave your client raving about how great a lawyer you are. Are you ready for this journey? Let’s go.

Family Law, Student Forum

The Intersection of Family Law and Real Estate Law

  • April 09, 2024
  • Yvonna Conte, YBC Law

The topic of real estate often intersects with family law and as not all family law lawyers practice real estate (or have a friend to call that does), this article strives to summarize some key points that may be notable: spousal consent, matrimonial home designations, and joint tenancy as it relates to death.

Family Law, Student Forum

SCC: Limited Statutory Rights of Appeal Do Not Preclude Judicial Review for Unaddressed Questions

  • April 05, 2024
  • Michael A. Valdez, Stieber Berlach LLP

The recent decision of Yatar v. TD Insurance Meloche Monnex brings a much-needed addition to the caselaw pertaining to the proper approach for judicial review of administrative decisions. While a court does have discretion to hear an application for judicial review and decide issues on the merits, including whether to deny relief, this discretion does not extend to declining consideration of the application for judicial review altogether.

Insurance Law, Student Forum