Articles

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

Editor: Yoann Emian

Today
Today

Mindfulness Offers a New Way to Reduce Bias

  • June 14, 2019
  • Sara Robertson, Lime Horse

Our brains are constantly processing the information that bombards us. We need to make sense of the world—and fast—so we use stereotypes to fill any gaps. These stereotypes lead to biases that can affect our judgement and the way we make decisions. Is there something we can do to reduce these biases and prevent them from influencing our choices?

Women Lawyers Forum, Student Forum

Managing Parental Leave as a Practicing Lawyer – Perspectives from a Mom of Four

  • June 14, 2019
  • Amelia Yu, Elm Law

I gave birth to my fourth child on March 9 2019 and when he was barely a month old I did something I wouldn’t have done with any of the babies before: I travelled downtown to attend the Women’s Law Forum’s CLE entitled “Rethinking having it All, a Solo and Small Firm Perspective on Parenting While Lawyering”.

Women Lawyers Forum, Student Forum

Revisiting Reasonableness: How Changing Business Circumstances can Impact the Enforceability of Restrictive Covenants

  • June 12, 2019
  • Stephanie Sugar, McCarthy Tétrault LLP

Restrictive covenants, particularly non-compete clauses, are regular features in franchise agreements. When franchise agreements often span many years, facts and circumstances may change with a franchisor’s reorganization, expansion of the franchise system, assignment of franchises, and any other number of factors that change the landscape within which the franchise agreement must be interpreted.

Franchise Law, Student Forum

Adjudication under the Construction Act: Tight Timelines and Document Management

  • June 11, 2019
  • Howard Wise and Michael Richards, Goodmans LLP

The Construction Lien Amendment Act was passed in December 2017 and substantively changed the Construction Lien Act, now the Construction Act . Its primary purposes were to: (i) modernize the existing Construction Lien Act; (ii) provide prompt payment legislation throughout Ontario; and (iii) introduce adjudication provisions for disputes arising in the course of a contract.

Construction and Infrastructure Law, Student Forum

Supreme Court of Canada Confirms Arbitration Clauses and the Exclusion of Class Actions are Enforceable Against Businesses Claims

  • June 01, 2019
  • Suhuyini Abudulai, Tim Pinos, Carly Cohen and Colin Pendrith

The Supreme Court of Canada recently held, in its highly anticipated decision in Telus Communications Inc. v. Wellman, that business customers of Telus cannot avoid the terms of a mandatory arbitration clause by joining a class action with consumers who are not bound by the arbitration clause.

Franchise Law, Student Forum

It's a Small World After All: Obtaining Evidence from Persons Outside Ontario

  • June 01, 2019
  • Marie-Andrée Vermette, partner, Weir Foulds LLP,

In this global marketplace, where business across borders has become commonplace, in litigation it is to be expected that some parties or key witnesses may reside outside Ontario. In this article the author describes the tools available to obtain evidence outside Ontario, and the criteria that apply to each of them.

Civil Litigation, Student Forum