Articles 2023

Today
Today

Blaney's Appeals: Ontario Court of Appeal Summaries (January 28 – February 1, 2019)

  • February 11, 2019
  • John Polyzogopoulos

In Presley v Van Dusen, the Court of Appeal yet again dealt with discoverability. In McDowell v. Fortress Real Capital Inc., the Court of Appeal overturned in part a motion judge’s decision to strike out the claims of a proposed class proceeding for various allegations of misconduct. Other topics covered this week included contractual interpretation, conflict of laws and costs in the family law context.

Civil Litigation, Student Forum
The Barrier of Biometrics

The Barrier of Biometrics

  • February 08, 2019
  • Annsley Kesten, associate at BARTLAW Canadian Immigration

An overview of the practical considerations that must be taken into account by applicants in light of the new biometrics requirements.

Citizenship and Immigration Law, Student Forum

How to Enforce a Court Order

  • February 07, 2019
  • Laura Cardiff, lawyer at Casey & Moss LLP

For most lawyers, the result in court is what matters: Did you get the order you were seeking? How much of your argument did the judge adopt in her reasons? But for the client, it’s not the judgment itself that is significant, but the opposing side’s compliance with it. This article provides a roadmap for enforcement, to help you turn your courtroom victory into the desired result for your client.

Student Forum, Young Lawyers' Division

Why Young Lawyers Should Care about the Law Society Bencher Elections

  • February 07, 2019
  • Kate Julien

Law Society of Ontario (LSO) Bencher elections are coming up soon. In our busy world juggling the early years of practice with family life, staying healthy and going to the OBA’s many interesting events, it is hard to engage with everything. Here are some reasons why you should engage with this year’s elections.

Student Forum, Young Lawyers' Division

Alternative Career Paths for Young Lawyers

  • February 06, 2019
  • Alexandra Mealia

You got into law school, obtained your J.D., passed the Barrister and Solicitor exams, completed your practical experience requirement, and have been called to the Bar. Congratulations! What else can you do with your law degree other than practice law? Read on for an exploration of potential paths available to young lawyers looking for a new direction.

Student Forum, Young Lawyers' Division

Termination of Employment: Eight Common Myths

  • February 06, 2019
  • Behzad Hassibi, lawyer at Israel Foulon LLP

This article identifies, corrects and clarifies eight of the most popular myths relating to termination of employment. Read on for a primer on common law and statutory entitlements, layoffs versus termination, releases, the impact of new employment after termination, and working notice.

Student Forum, Young Lawyers' Division

The Implications of the Proposed Changes to and Ultimate Repeal of the Toxics Reduction Act, 2009

  • February 04, 2019
  • David McRobert

The Ontario Toxics Reduction Act, 2009 (TRA) provided cost-effective benefits that were distinct and broader in scope than the federal Chemicals Management Plan under CEPA. The TRA had potential to make large reductions in toxic discharges over time, particularly if more of its provisions were brought into force. Despite this, however, Ontario proposed to repeal the TRA by the end of 2021. Doing so, significant transparency in toxics reduction could be lost, as well.

Environmental Law, Student Forum

Maintaining Equilibrium: The Supreme Court Defines the Boundaries of Good Faith

  • February 04, 2019
  • Colin Pendrith, Cassels Brock & Blackwell LLP

In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec, the Supreme Court of Canada considered the scope of the duty of good faith to re-write a contract, touching upon the heightened duty that can exist in “relational contracts”, such as franchise agreements.

Franchise Law, Student Forum