Articles 2024

Back in 2016, Kim Whaley was featured in an OBA article doing exercises and stretches to offset being stuck at a desk for long hours. Kim offered up sensible ways of finding the time to stay fit. The exercises were accessible for everyone who could sit, stand and breathe. This follow-up is more involved, with the intention to create real change for your spine which will improve your posture and your desk performance.

In the recent decision of Amer Sports Canada Inc. v. Adidas Canada Limited, the Supreme Court of British Columbia granted Arc’teryx an interlocutory injunction, temporarily preventing Adidas from using the word “TERREX” in association with its retail stores until a decision is made at trial.

A closer look at deepfake technologies in the legal landscape of Canada and the blurred lines between reality and fiction.

Bifurcation is a rarely utilized but effective procedural tool commonly used to sever a trial into two separate phases: liability and damages.

On March 13, 2024, the Ontario Divisional Court released its long-awaited decision in London District Catholic School Board v. Weilgosh, 2023 ONSC 3857 (“Weilgosh”). The decision confirms that the Human Rights Tribunal of Ontario (the “Tribunal”) and labour arbitrators share concurrent jurisdiction over human rights complaints arising from a provincially regulated collective agreement.

The Ontario Court of Appeal released its recent decision in Ontario English Catholic Teachers’ Association v Ontario (Attorney General). The majority of the ONCA ruled that the Protecting a Sustainable Public Sector for Future Generations Act, 2019, known as Bill 124, was unconstitutional in so far as it applies to unionized employees.

On January 25, 2024, the OBA hosted a program exploring the use of technology in the education sector and the potential privacy implications. Co-Chaired by Danielle Douek, partner at Lerners LLP, and Christiane Saad, director of the University of Ottawa's Law Practice Program, the session brought together experts to discuss the evolving landscape of technology in education and the associated legal and practical challenges.

The Supreme Court of British Columbia recently dismissed a Plaintiff’s claim for vicarious liability against the defendant school board which had arranged for private tutoring sessions with a tutor who later sexually abused the Plaintiff.

This Divisional Court decision involves a successful motion to strike a parent’s claim against a school board for failing to disclose a reasonable cause of action and for being an abuse of process and vexatious under Rule 21.01.