Articles

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

Editor: Yoann Emian

Today
Today

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
Reflections on Hispanic Heritage Month and the Ethics of Solidarity

Reflections on Hispanic Heritage Month and the Ethics of Solidarity

  • November 02, 2020
  • Rolando Aguilera, legal counsel – Indigenous Justice Division, Ontario Ministry of the Attorney General

In this thought-provoking article, Rolando Aguilera reflects on Hispanic Heritage Month 2020 and shares candidly what he understands to be his responsibilities and duties to others, as informed by his parents’ teachings and guidance.

Student Forum, Young Lawyers' Division
Judicial Diversity Highlighted at this Year’s Hispanic / Latin American Heritage Month Celebration

Judicial Diversity Highlighted at this Year’s Hispanic / Latin American Heritage Month Celebration

  • November 02, 2020
  • Veronica Marson, former president and current treasurer of the Canadian Hispanic Bar Association

The Law Society of Ontario and the Canadian Hispanic Bar Association marked this year's Hispanic Heritage Month with a timely discussion on diversity in the judiciary. It is an issue that is particularly important to the Hispanic and Latin American community in Canada, given that there are currently no federally appointed Latino judges and only one provincially appointed Latino judge. This article highlights some key points from the panel discussion and shares practical tips from the panelists.

Student Forum, Young Lawyers' Division
Practical Considerations for Starting a Solo Practice: Expectations, Startup Costs and Client Acquisition

Practical Considerations for Starting a Solo Practice: Expectations, Startup Costs and Client Acquisition

  • November 02, 2020
  • Sukhi Hansra, Hansra Law

During these unprecedented times, it is important for young and senior lawyers alike to know the realities of starting a solo practice and what really goes into it. This article aims to provide sufficient information to anyone considering a solo practice to allow them to make a better assessment about the options and choices available to them.

Student Forum, Young Lawyers' Division