Articles 2021

Aujourdʼhui
Aujourdʼhui

Court of Appeal Rejects All Sums Approach to Long-Tail Claims

  • 06 mars 2024
  • Murray Stieber and Avi Sharabi

So-called “long-tail claims”, i.e. claims where the alleged damage spans a number of years, pose various coverage challenges for insurers and policyholders. On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (CanLII) (“Loblaw”), where it tried to bring some clarity to some of the material coverage issues that arise with these types of claims.

Droit des assurances, Student Forum
head-shot photo of Robin Seligman

Breaking Barriers: Celebrating International Women's Day

  • 05 mars 2024
  • Aqsa Nadeem, Newsletter Editor, OBA Citizenship & Immigration Law Section

In honour of International Women's Day, we highlight the inspiring journey of Ms. Robin Seligman. From overcoming barriers to advocating for her clients, she shares her experiences and triumphs throughout the year. This article celebrates her resilience, dedication, and contribution to the field of law while shining a spotlight on the importance of supporting and empowering women in legal practice.

Citoyenneté et immigration, Student Forum
head-shot photo of author Mitchell Rose

Wrongful Dismissal & ADR: 2023 Caselaw in Review

  • 05 mars 2024
  • Mitchell Rose, LL.B., C. Med, Q. Arb

Court backlogs worsened in 2023 thereby significantly delaying wrongful dismissal actions. While ADR processes help to reduce backlogs, Ontario does not have province-wide mandatory mediation, and most arbitration is a result of contractual termination clauses that can be challenged. One way to encourage voluntary mediation is for courts to penalize parties for failure to participate. So, how did our Courts fare in 2023 in promoting mediation and arbitration in wrongful dismissal matters?

Droit du travail et de l’emploi, Student Forum

Duelling Definitions: The Meaning of the Term “Law” in Insurance Policy Interpretation

  • 29 février 2024
  • Michael A. Valdez, Stieber Berlach LLP

Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big payout, or with a justifiably denied claim.

Droit des assurances, Student Forum

Family Dynamics at the OLC

  • 27 février 2024
  • Gosha G.S. Sekhon, owner/principal lawyer at Sekhon Legal Services

In this article, Gosha Sekhon highlights takeaways from the Family Dynamics plenary of the OBA’s 2024 Ontario Legal Conference, reminding us to get context around a client’s instructions, that experiencing the death of a family member can be a form of trauma, that all human beings see the world through their own unique lens and being a lawyer does not change that, and more.

Student Forum, Droit des fiducies et des successions

Roadmap to Effective Testamentary Charitable Giving

  • 27 février 2024
  • Rami Aziz, Aziz Law Professional Corporation

On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death.

Student Forum, Droit des fiducies et des successions

Report of the Electrification and Energy Transition Panel: Summary, Five Perspectives and Impact Analysis

  • 23 février 2024
  • Alegria Rosales, Mark Rodger, Cherie Brant, Colm Boyle, Sarah Diebel, Kristyn Annis

In January 2024, the Electrification and Energy Transition Panel released a much-anticipated report titled Ontario's Clean Energy Opportunity, outlining 29 recommendations for Ontario to manage and prosper in the clean energy transition path successfully.

Richesses naturelles et énergie, Student Forum