Articles 2023

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How to Find Your Fit

  • September 14, 2018
  • Alison Southern

Whether you’re in the midst of your job search, or you have been feeling unfulfilled in your current role, here are some tips for helping you find your perfect career fit.

Student Forum, Young Lawyers' Division

Yaiguaje v Chevron Corporation, 2018 ONCA 472: A Necessary Discussion

  • September 14, 2018
  • Naomi Sayers

The Court of Appeal's decision in Yaiguaje raises concerns regarding the interaction between resource extraction corporations and Indigenous communities that apply internationally and in Canada. These issues may test the meaningfulness of the oft-lauded concept of corporate-social responsibility.

Aboriginal Law, Student Forum

Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act

  • September 14, 2018
  • Edward (Ted) G. Betts

Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?

Construction and Infrastructure Law, Student Forum

Divisional Court Upholds Tribunal Decision that the Ministry May Order Current and Former Owners and Tenants to Delineate Contamination that has Migrated Off-site

  • September 10, 2018
  • Stan Berger and Albert Engel, partners and certified Environmental Law specialists, Fogler, Rubinoff LLP

Stan and Albert report on the Divisional Court's September 4, 2018 decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010.

Environmental Law, Student Forum

Crime Stoppers’ Tips and Confidential Informants – Proceed with Caution

  • September 10, 2018
  • Grace Hession David,

Grace Hession David reviews the law surrounding Crime Stoppers' Tips, with a specific focus on the recent Supreme Court of Canada decision of R. v. Brassington, 2018 SCC 37. Grace summarizes recent examples of successful and unsuccessful "innocence at stake" applications and sets out the applicable test for counsel to consider.

Criminal Justice, Student Forum
Key Changes to the Regulated Health Professions Act - Important Information for Criminal Lawyers Acting for Health Professionals

Key Changes to the Regulated Health Professions Act - Important Information for Criminal Lawyers Acting for Health Professionals

  • September 10, 2018
  • Lad Kucis, Certified Specialist in Health Law

Lad Kucis summarizes recent changes to the Regulated Health Professions Act, 1991 (RHPA) and explains how they relate to the implications of charges, conditions of release and findings of guilt in respect of criminal matters. A must-read for criminal practitioners who represent regulated health professionals.

Criminal Justice, Student Forum

R v. Brassington – A Conflict of Privileges

  • September 10, 2018
  • John Dick

John Dick discusses the implications of the Supreme Court of Canada's recent decision in R. v. Brassington and the complicated law surrounding the intersection of informer privilege and the right to make full answer and defence.

Criminal Justice, Student Forum

Regina v. McCaw: Offering Clarity to s. 52(1) Constitutional Declarations of Invalidity

  • September 10, 2018
  • Eric Neubauer

Eric Neubauer notes that R. v. McCaw, 2018 ONSC 3464 has important implications for constitutional litigation that extend far beyond its holding that s. 33.1 of the Criminal Code is unconstitutional: the case confirms that constitutional declarations of invalidity render a law null and void for all future courts, unless and until the declaration is successfully appealed to a higher court.

Criminal Justice, Student Forum

Ontario Court of Appeal Summaries (September 4 – 7, 2018)

  • September 10, 2018
  • John Polyzogopoulos

In Nasr Hospitality Services Inc. v Intact Insurance, another decision as to the meaning of “appropriate means” under subsection 5(a)(iv) of the Limitations Act, 2002, the Court reiterated that settlement negotiations do not toll the limitation period. Other topics included certification of a class action, the duty of care of auditors to shareholders, a useful refresher on basic principles of the law of evidence, guardianship application and appellate jurisdiction.

Civil Litigation, Student Forum