Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Yoann Emian

Today
Today

Key Privacy and Cybersecurity Issues Financial Institutions Should be Thinking About

  • November 04, 2020
  • Ronak Shah, Molly Reynolds, Joel Ramsey

Accelerated digitization of the financial industry coupled with upcoming regulatory changes means privacy and cybersecurity issues will continue to be forefront issues that financial institutions will grapple with. Outlined below are five key privacy and cybersecurity issues organizations within the financial sector should be focusing on.

Privacy Law, Student Forum
Professional Development: Finding Myself in the Pandemic

Professional Development: Finding Myself in the Pandemic

  • November 04, 2020
  • Teddy Weinstein

COVID-19 brought chaos to all corners of the globe. After the pandemic forced an early return home from a legal internship in South Africa, my professional journey in Canada had a slow and painful start. Meanwhile, I was also on a more personal journey: discovering and understanding my gender identity.

Sexual Orientation and Gender Identity Law, Student Forum

USPTO’s Report on the Public’s Take on Trademark Law and Practice with the Emergence of AI – Part 1: Practical Implications

  • November 03, 2020
  • Anna Troshchynsky and Hashim Ghazi, Deeth Williams Wall LLP

The United States Patent and Trademark Office published its report entitled Public Views on Artificial Intelligence and Intellectual Property Policy addressing the impact of artificial intelligence (AI) technology across the intellectual property landscape. This two-part article focuses on the views expressed in the Report with respect to the impact of AI on trademark law and practice.

Student Forum, Information Technology and Intellectual Property Law

Artificial Intelligence and Robots Regulation: The Boundaries Between Ethics, Trust, and Privacy

  • November 03, 2020
  • Caroline Szczuka

In today’s modern age robots are key players in both our professional and daily lives. We witness robots repairing oil pipes deep in the ocean, performing surgical procedures in hospitals, and undertaking household tasks such as vacuuming. Some cities have even restructured their public transportation and implemented driverless subway systems, while cars perform autonomous functions such as intelligent parking assistance.

Student Forum, Information Technology and Intellectual Property Law
Supreme Court Clarifies Damages for Bonuses Arising During the Notice Period in Matthews v Ocean Nutrition Canada Ltd.

Supreme Court Clarifies Damages for Bonuses Arising During the Notice Period in Matthews v Ocean Nutrition Canada Ltd.

  • November 02, 2020
  • Brett Hughes, Dewart Gleason LLP

In Matthews v Ocean Nutrition Canada Ltd., the Supreme Court declined to address whether the duty to perform a contract in good faith established in Bhasin v Hrynew, 2014 SCC 71 extends throughout the duration of an employment contract. The court instead provided helpful guidance regarding the test for whether an employee is entitled to damages for loss of bonus or incentive payments during a reasonable notice period.

Labour and Employment Law, Student Forum

How You Can Learn Conflict Resolution from Harry Potter

  • November 02, 2020
  • Kim Gale

In J.K. Rowling's Harry Potter series, Bernard Mayer's five-part theory of conflict resolution aids the understanding of some of the wizarding world's most prominent characters.

Alternative Dispute Resolution, Student Forum
Rescinding Job Offers Can Result in Liability for Employers

Rescinding Job Offers Can Result in Liability for Employers

  • November 02, 2020
  • Justin P'ng, Fasken Martineau DuMoulin LLP

Ending an employment relationship can be fraught with legal risks. Sometimes these risks arise even before the employee has started working for the employer. A recent decision, Kim v. BT Express Freight System, confirms that employers may be liable for damages if they revoke an accepted offer or terminate an employment relationship before the employee actually begins working.

Labour and Employment Law, Student Forum

Choice of Forum in Human Rights Proceedings

  • November 02, 2020
  • Harrison Brown, Turnpenney Milne LLP

The choice of forum in which to begin a human rights proceeding can often have dramatic consequences for litigants, which may not be readily apparent at the time of deciding to commence litigation. This article reviews the strategic considerations involved in whether to proceed before the Human Rights Tribunal of Ontario or the courts.

Labour and Employment Law, Student Forum