Articles

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

Editor: Yoann Emian

Today
Today

Navigating Franchise Disputes: Key Take-aways from Memphis Blues and 1010805 Alberta Ltd.

  • July 04, 2024
  • Melisa Delibasic, lawyer, KMB Law

Recent developments in franchise law are highlighted in two recent and notable cases that provide insights into the complexities of franchise agreements and the legal principles governing them. Together the cases address significant issues such as breach of contract, the application of constructive trusts, the duty of good faith, and the interpretation of franchise agreements, reflecting the evolving nature of franchise law in Canada.

Franchise Law, Student Forum

You Are the Company You Keep: Managing Third Party Privacy Risk

  • July 04, 2024
  • Nadia Jandali Chao, partner, Lerners LLP

Privacy regulators across Canada are signalling an increased focus on a particular risk area: namely, reliance on service providers. This article explores various key developments.

Privacy Law, Student Forum
photo of author Crystal Heidari

Parenting Assessments: Unveiling Truths, Overcoming Hurdles

  • July 04, 2024
  • Crystal Heidari, Burke and Co. Family Law Litigation and Advocacy Group

Section 30 Children’s Law Reform Act assessments are used to evaluate the needs of a child and the ability of parents to meet those needs, aiming to serve the child's best interests. These assessments, performed by qualified professionals, provide objective insights into family dynamics and parental capabilities. However, their high cost and the shortage of assessors create significant barriers to justice, making it difficult for many families to access these crucial evaluations.

Family Law, Student Forum
head-shot photo of author Nikki Banwait

Marentette v Canada: The Weight of Procedural Fairness

  • July 02, 2024
  • Nikki Banwait

Procedural fairness is critical to conducting appropriate workplace investigations and is a central component of ensuring objectivity and propriety in the investigation process. As illustrated in this recent Federal Court decision, a failure to ensure the procedural fairness of an investigation can be fatal to its ultimate findings – or invalidate the investigation entirely.

Labour and Employment Law, Student Forum

Bonus or Bust: Unravelling Employee Entitlements Post-Termination

  • July 02, 2024
  • Shan Malhi, JD Candidate 2025, Western University, Faculty of Law

A review of the legislative and jurisprudential frameworks regarding employee bonus entitlement subsequent to the termination of their employment.

Labour and Employment Law, Student Forum

Section 440 of the Municipal Act, 2001 and the Modified Statutory Injunction Test

  • June 26, 2024
  • Eric Davis and Jamie Cockburn

When a municipality seeks injunctive relief to restrain the breach of a by-law pursuant to section 440 of the Municipal Act, 2001, the municipality enjoys different rights versus a party seeking standard injunctive relief flowing from the equitable jurisdiction of the Superior Court of Justice.

Municipal Law, Student Forum
photo of Yameena Ansari, seated at office desk

Unlocking Practice Management Essentials: ANSARI IMMIGRATION LAW

  • June 25, 2024
  • Aqsa Nadeem, Newsletter Editor, OBA Citizenship & Immigration Law Section

Join us on this enlightening journey as we uncover the strategies and insights employed by various immigration law practitioners in making their firms the success stories they are today. In our fifth edition, we had the privilege to interview Ms. Yameena Ansari, a founding partner at Ansari Immigration Law.

Citizenship and Immigration Law, Student Forum