Articles

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

Editor: Yoann Emian

Today
Today
Monitoring Employees: Practical Lessons from R v Jarvis

Monitoring Employees: Practical Lessons from R v Jarvis

  • June 16, 2020
  • Laura J. Freitag & Madeline A. Davis, Filion Wakely Thorup Angeletti LLP

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.

Labour and Employment Law, Student Forum
Apps to Assist the Labour and Employment Lawyer

Apps to Assist the Labour and Employment Lawyer

  • June 16, 2020
  • Jessica Fay and Janeta Zurakowski, Filion Wakely Thorup Angeletti LLP

The year is 2020. A global health pandemic hits. The courts and tribunals close. Lawyers almost universally start working remotely. But, the practice of labour and employment law must go on as both employees and employers continue to require legal advice, perhaps now more than ever. In this unique climate, how does a labour and employment lawyer manage a demanding practice? Well, there’s likely an “app” (or six!) for that.

Labour and Employment Law, Student Forum

How Do Mandatory Arbitration Clauses Work? Three Introductory Issues

  • June 16, 2020
  • Matthew Gordon

Mandatory arbitration clauses are becoming increasingly common in commercial contracts, from large-scale purchase and sale agreements to independent contractor consulting contracts, to consumer contracts (such as cellphone contracts). Three of the key aspects of a mandatory arbitration clause are the scope of the contract, the arbitrator selection, and the arbitration procedure. This article discusses all three.

Alternative Dispute Resolution, Student Forum

Intellectual Property (IP) Best Practices in the Time of COVID-19

  • June 16, 2020
  • Isi Caulder, Bereskin & Parr LLP

The global impact of COVID is spurring efforts to find solutions and innovative Canadian technology companies need to take stock of their intellectual property (IP), be aware of common pitfalls and take steps to proactively adopt some key best practices to survive and thrive.

Student Forum, Information Technology and Intellectual Property Law
Susan Toth

Q&A with Susan Toth, 2020 OBA Award for Excellence in the Promotion of Women's Equality Recipient

  • June 10, 2020

Susan Toth, Lawyer and Partner at Polishuk, Camman & Steele, is being honoured this year with the OBA Award for Excellence in the Promotion of Women's Equality for her outstanding leadership and contributions to the promotion of equality rights in Canadian society. Gain a glimpse of what inspires her and how she is making a difference in the battle for equality in this candid Q&A.

Women Lawyers Forum, Student Forum
Bram Potechin

Q&A with Bram Potechin, OBA Award of Excellence in Real Estate Recipient

  • June 10, 2020

Bram Potechin, Partner, Merovitz Potechin LLP, is being honoured this year with the OBA Award of Excellence in Real Estate for his outstanding leadership and contributions to the field. Find out what motivates him and how he is making a difference in his area of practice in this candid Q&A.

Real Property Law, Student Forum

Business Restructuring During COVID-19: Estate Freezes

  • June 10, 2020
  • Nancy E. Claridge and Luis R. Chacin, Carters Professional Corporation

The COVID-19 pandemic has affected businesses tremendously. Many are feeling the effects of a significant drop in the market values of almost all asset classes, including real property and private equity. However, as this article explains, these lower asset values may provide a timely opportunity for companies to make fundamental changes to the corporate structure of their business through estate freezes.

Business Law, Student Forum