Articles

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

Editor: Yoann Emian

Today
Today

Make a Will Month - November 2020

  • December 22, 2020
  • Laura Cardiff, Newsletter Editor

Like almost everything this year, the OBA’s Make a Will Month looked a little different in 2020. The annual November event pivoted to an online platform for its presentations. Events were well attended, with participants attending from across and even outside the country, thanks to the flexibility offered by online programming.

Student Forum, Trusts and Estates Law

Bot v. Bot v. Bot: Personality Rights and New Frontiers in Estate Litigation

  • December 22, 2020
  • Tyler Lin, articling student, de VRIES LITIGATION LLP

This article explores the recent advances in AI-generated art, including images and voices of dead celebrities that are digitally resurrected to create new artistic works. Such works, the author argues, are unlike anything that came before, and a new legislative framework, including in estates law, is required to address complicated issues surrounding the creation, ownership, and profit from such works.

Student Forum, Trusts and Estates Law

Pre-Certification Stays in Multijurisdictional Class Actions: Ravvin v Canada Bread Company, Limited

  • December 22, 2020
  • Mike Eizenga, Justin Lambert, Ashley Paterson and Keely Cameron, Bennett Jones LLP

In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping proceedings in multijurisdictional class actions.

Class Actions, Student Forum
Alone in a Crowd

Alone in a Crowd

  • December 22, 2020
  • Jason E. Bogle

The decision to open one’s own practice is certainly not for the faint of heart, but it is also not for those who do not know how to be humble and appreciate that their success rests squarely on the generosity of others. Whether it be our clients or our colleagues, we innately depend on others for our professional survival.

Student Forum, Young Lawyers' Division

With Gratitude from Corporate Counsel – Part II

  • December 21, 2020
  • KJ Chong and Adrian Ishak

Members of the CCCA – Ontario Chapter offer their appreciation of those who’ve educated, empowered and inspired them, including Mark Crestohl and Graham McNeil.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Government of Canada Releases New Federal Climate Plan

  • December 17, 2020
  • Michael Fortier and Henry Ren, Torys LLP

The Government of Canada recently released its new climate plan, “A Healthy Environment and a Healthy Economy – Canada’s strengthened climate plan to create jobs and support people, communities and the planet” (Plan). Building on the 2016 Pan-Canadian Framework, the Plan proposes to exceed Canada’s 2030 emissions reduction target under the Paris Agreement, achieve net-zero emissions by 2050, and create over one million jobs, restoring employment to pre-pandemic levels.

Environmental Law, Student Forum

Conservation Authorities Legislative Update

  • December 17, 2020
  • Jonathan Nehmetallah, Gardiner Roberts LLP

This article offers a review of recent amendments to legislation regarding Conservation Authorities.

Municipal Law, Student Forum

“Exclusivity Orders” - an End Run Around Carriage Motions?

  • December 17, 2020
  • Ashley Seely

An exclusivity order prevents the commencement of another action on the same facts without leave of the Court, effectively deciding carriage of the matter. In Harpreet v Cronos, the Court ruled that carriage would be dealt with when and if another proposed class action on the same subject matter was commenced. The Court viewed the request for an exclusivity order as “a form of end-run around a potential carriage motion."

Class Actions, Student Forum