Articles

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

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

A Lesson in Limitation Periods

  • July 12, 2018
  • Shaun Laubman, Lax O'Sullivan Lisus Gottlieb LLP

Examining the application of the standard two-year limitation period in the context of mandatory alternative dispute resolution provisions often found in franchise agreements, with reference to the relatively recent decision, PQ Licensing S.A. v. LPQ Central Canada Inc., 2018 ONCA 331.

Franchise Law, Student Forum

Court of Appeal Summaries (June 25 - 29)

  • July 09, 2018
  • John Polyzogopoulos

Topics covered in this week's summaries include the validity of a will of someone with chronic alcoholism and an application for habeas corpus in the immigration law context.

Civil Litigation, Student Forum

Ontario Court of Appeal Interprets Unclear Inndemnity for Historical Mercury Contamination in Grassy Narrows

  • July 05, 2018
  • James Goacher

Indemnities are a tool for allocating risk. Contracting parties often use indemnities to achieve certainty and finality in their affairs. This requires drafters to be conscious of the assumptions and inferences that a court might draw when interpreting the contract. A recent Ontario Court of Appeal decision, Weyerhaeuser v. Ontario (Attorney General), 2017 ONCA 1007, highlights the need for clear language to establish air-tight indemnities.

Environmental Law, Student Forum

What's New in Pensions & Benefits

  • July 04, 2018
  • Evan Shapiro and Michelle Rival

New guidance from FSCO on biennial member statements and SEPP to JSPP conversions, a PRPP member guide from OSFI, and updates from CAPSA...

Trusts and Estates Law, Student Forum

10 Things to Know Now That Recreational Cannabis Will Be Legal in Canada

  • June 26, 2018
  • Esther Nwator and Christine Laviolette

Esther Nwator and Christine Laviolette offer a brief overview of the recent developments on this hot topic: the status of the legalization of cannabis, associated regulations, connection to Bill C-46 , and some of the key issues emerging from legalization.

Health Law, Student Forum

Court of Appeal Summaries (June 18-22)

  • June 25, 2018
  • John Polyzogopoulos

Topics covered this week included the breach of an agreement of purchase and sale of land, whether a termination clause in an employment contract violated the Employment Standards Act, and the appeal route when seeking to review an order of a single judge of the Divisional Court (to a panel of that court, not to the Court of Appeal).

Civil Litigation, Student Forum

Court of Appeal Summaries (June 11-15)

  • June 18, 2018
  • John Polyzogopoulos

Topics covered this week include automobile insurance coverage in the leasing context, family law, limitation periods in the breach of contract context, the need for expert evidence on the standard of care on a summary judgment motion in the professional negligence context, administrative law in the software development tax credit context, and vexatious litigants.

Civil Litigation, Student Forum

Supreme Court of Canada Revisiting Judicial Review Principles Addressed in Dunsmuir

  • June 12, 2018
  • Christopher Wirth and Sakshi Chadha

The Supreme Court of Canada has recently granted leave to appeal from the decisions in Bell Canada v. Canada/ National Football League v. Canada, 2017 FCA 249 and Vavilov v. Canada, 2017 FCA 132 and, in so doing, advised that it will hear these three appeals together in order to reconsider the nature and scope of judicial review of administrative decision-makers addressed in Dunsmuir and subsequent cases and has specifically directed the parties to address the question of standard of review.

Administrative Law, Student Forum