Articles

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

Editor: Yoann Emian

Today
Today

The Flax and the Foreign: US prosecution history in file wrapper estoppel

  • October 11, 2019
  • Brian Daley, Christopher Guerreiro and Colin Hyslop, Norton Rose Fulbright LLP

In Canmar Foods Ltd v TA Foods Ltd, the Federal Court interpreted the new file wrapper estoppel provision, s 53.1 of the Patent Act, for the first time. The court held that foreign prosecution history is admissible in extraordinary circumstances under this provision.

Student Forum, Information Technology and Intellectual Property Law

What's Your Brand?

  • October 11, 2019
  • Adaline Huang, associate at Chris Chu Law

With every interaction you are establishing your “brand”. Whether you are dealing with a client, service provider, administration staff, colleagues or superiors, how you react in each situation tells those whom you are dealing with what kind of lawyer you are.

Sole, Small Firm and General Practice, Student Forum

15 Questions in 5 Minutes with Avi Sharabi

  • October 11, 2019
  • Jaime Cardy, editor of the Privacy and Access to Information Law Section Executive

For the first of a new series of articles, “15 Questions in 5 Minutes,” Jaime Cardy, editor of the Privacy and Access to Information Law Section, sat down to interview Avi Sharabi, chair of the Section Executive and an associate at Stieber Berlach LLP.

Privacy Law, Student Forum
Out with the Old, in with the (New) Rate Framework

Out with the Old, in with the (New) Rate Framework

  • October 11, 2019
  • James Jennings

The Workplace Safety and Insurance Board will be replacing its employer classification and premium system with a Rate Framework model effective January 1, 2020.

Student Forum, Workers' Compensation

Welcome from the Chair and Vice-Chair 2019/20

  • October 09, 2019
  • Megan Keenberg, chair, and Mitchell Rose, vice-chair

As the 2019/20 Chair and Vice-Chair of the OBA's Alternative Dispute Resolution Section ('ADR Section'), Megan Keenberg and Mitchell Rose welcome all members of the ADR Section and provide an overview of upcoming activities and events in their welcome letter.

Alternative Dispute Resolution, Student Forum

OBA Program: Blockchain & Artificial Intelligence Meet Privacy Law

  • October 09, 2019
  • Amanda Branch

A summary of the "Blockchain & Artificial Intelligence Meet Privacy Law: An Interactive Conversation on Strategizing for Clients" program that was jointly hosted by the Information Technology and Intellectual Property Law Section and the Privacy and Access to Information Law Section in September 2019.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law

OBA Tax Section Successfully Petitions for Certified Specialist Program in Tax

  • October 09, 2019
  • John Bassindale

After several years of advocacy on the part of the OBA, the Law Society of Ontario has introduced a Certified Specialist Program for Taxation Law. Read more about the announcement of this prestigious new Certified Specialist Program, the four potential routes to certification for tax lawyers, and where to find more information on becoming a Certified Specialist in Taxation Law.

Student Forum, Taxation Law

2019 Proposed Amendments to Employee Stock Option Tax Rules

  • October 08, 2019
  • Rachel Gold

This article summarizes the proposed changes to the employee stock option rules, introduced in Budget 2019. It will outline the current legislative scheme in the Income Tax Act (the “Act”), discuss the proposed changes including an example to demonstrate the application of the proposals, and recap the CBA/CPA Canada Joint Committee on Taxation’s related submissions.

Student Forum, Taxation Law

Late-Filed Bump Designation Made Outside the Normal Reassessment Period

  • October 08, 2019
  • Seth Lim and Charlie Roy, PwC Law LLP

In a recent view of the CRA (2019-0806761I7), the CRA considered whether a late-filed “bump” designation pursuant to paragraph 88(1)(d) of the Income Tax Act (Canada) on a vertical amalgamation could be made outside the normal reassessment period in relation to a transfer pricing adjustment that was made during the six- or seven-year extended reassessment period. The CRA’s comments provide welcome guidance.

Student Forum, Taxation Law