Articles 2023


Privacy Breaches in M&A Deals: the Importance of Data Security Diligence

  • April 20, 2023
  • Mitch Koczerginski, Chris Garrah, Adriana Rudensky and Robbie Grant, McMillan LLP

In this article, we focus on the importance of data security diligence, tips for the diligence process, and mitigation strategies for companies that have identified risks and wish to proceed with the deal. We also discuss the need to assess and quickly remediate any flaws in a target company’s data security posture following a transaction.

Privacy Law, Student Forum

The Midas Touch

  • April 14, 2023
  • Rajen Akalu

The story of King Midas is about the tragedy of avarice and contemplates what follows when true happiness is not recognized. Midas was a man who wished that everything he touched would turn into gold. The law firm equivalent is of course the “Rainmaker”. However, too much rain is as bad as too much gold. Midas’ blessing turns out to be a curse.

Sole, Small Firm and General Practice, Student Forum

What Happens to Embryos on Separation?

  • April 14, 2023
  • Emma Katz and Kate Deveau

Assisted reproductive technologies have been revolutionary for people and families facing infertility issues, and for single people and queer families wanting to achieve a pregnancy and have children. Read about what happens with frozen embryos with a separation.

Family Law, Student Forum

Decision No. 240/22I: Finding discretion in a statutory "must"

  • April 14, 2023
  • Kira Clarke

This article reviews the finding in Decision No. 240/22I that the statutory requirement within section 13.1(5) -- that a worker "must" file a claim by July 1, 2018 -- is not mandatory. The article examines how the Vice-Chair goes on to read discretion into the statutory language.

Student Forum, Workers' Compensation

Trucking Right Along – Ontario’s Excess Soil Laws and Considerations for the Development Industry

  • April 14, 2023
  • Matthew Gardner, Partner and Certified Specialist in Environmental Law by the Law Society of Ontario; Anand Srivastava, Associate, Willms & Shier Environmental Lawyers LLP

For decades, many involved in land development and construction struggled with how to interpret Ontario’s regulation of excavated soil. After much anticipation, Ontario has created a legal regime to answer the questions raised on this topic and provide certainty for the construction and waste management industries, consultants, contractors, municipalities, land owners, and developers alike. This legal regime is discussed in detail in this article.

Environmental Law, Student Forum

Case Summary: Reilly v Alberta, 2022 ABKB 612

  • April 11, 2023
  • Karine Bédard

This article summarizes Reilly v. Alberta, 2022 ABQB 612, in which the Court of King's Bench of Alberta certified a class action in systemic negligence, even though the Court of Appeal for Ontario refused to certify a similar case.

Class Actions, Student Forum