Articles 2021

Aujourdʼhui
Aujourdʼhui

Ontario Court of Appeal Summaries (May 22 - 25)

  • 28 mai 2018
  • John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal of Ontario, including Yaiguaje v Chevron Corporation, in which it appears that the Court has finally put an end to the matter; and Beatty v Wei, in which the Court set aside the application judge’s interpretation of the Illegal Substances Clause commonly used as an additional term in the Ontario Real Estate Association/Toronto Real Estate Board standard form Agreement of Purchase and Sale.

Litige civil, Droit immobilier, Student Forum

Court Refuses to Approve Class Action Settlement Despite Approval in Other Provinces

  • 28 mai 2018
  • Amanda M. Quayle, McDougall Gauley LLP

Multi-jurisdictional class actions in Canada continue to create problems for parties and the courts. Recently, the problems associated with multi-jurisdictional class actions resulted in the scuttling of a national class action settlement involving the prescription drugs OxyContin and OxyNeo. Despite three other courts approving the settlement in their respective jurisdictions, the Saskatchewan court in Perdikaris v Purdue Pharma Inc., refused to approve the same settlement.

Droit des recours collectifs, Student Forum
The Ideal Lawyer – 21st Century Redux

The Ideal Lawyer – 21st Century Redux

  • 28 mai 2018
  • Craig A. Brannagan

One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.

Mécanismes extrajudiciaires de règlement des conflits, Justice pénale, Droit fiscal et 1 en plus, Student Forum

The dangerous fentanyl drug problem: a mens rea issue

  • 24 mai 2018
  • Alan D. Gold, Laura J. Metcalfe, and Alex I. Palamarek

Is fentanyl skewing the sentencing process? Alan Gold and his associates reflect on the punitive implications of the fentanyl scourge.

Justice pénale, Student Forum

Brown Bag Lunch - May 2018

  • 23 mai 2018
  • Noah Weisberg, Associate, Hull & Hull LLP, Brennan Caldwell, Summer Student, Hull & Hull LLP,

The May BBL discussion included delays in getting probate, mutual funds gifted to charities, jointly held, second-to-die life insurance policies, the use of hotchpot clauses in certain situations, and compensation for Attorneys for Property.

Student Forum, Droit des fiducies et des successions

Frank: A Departure from Figueroa

  • 23 mai 2018
  • Saba Ahmad

In March, the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Frank v Canada. This article argues that the Ontario Court of Appeal’s decision is inconsistent with the Supreme Court’s holding in Figueroa v Canada.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Contracts in the Court of Appeal: Right Decision – Using “Good Faith” in Lieu of Hard Line

  • 22 mai 2018
  • Roselyn Kelada-Sedra, Sabsay Lawyers

Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.

Litige civil, Droit du travail et de l’emploi, Student Forum

Ontario Court of Appeal Summaries (May 13- May 18)

  • 22 mai 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Litige civil, Justice pénale, Droit des assurances et 1 en plus, Student Forum

Approaches to Inclusive Education in Ontario at OBA Institute

  • 18 mai 2018
  • Jean-Frédéric (J-F) Hübsch

On February 7, 2018, the OBA Education Law Section held a panel discussion entitled "Education for All Students: Diversity and Inclusion in Education” as part of OBA Institute 2018. The panel brought together government, education and legal professionals to discuss how education professionals can help ensure schools are inclusive places for all students.

Droit relatif à l’éducation, Student Forum