Articles

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

Editor: Sairam Sanathkumar

Today
Today

Cross-Canada Virtual Care Licensure Requirements and Best Practices

  • June 28, 2021
  • Louise Sweatman, BScN, RN, MSc, LLB, Director of Health Law Policy and Legal Counsel for the Canadian Medical Association, and Christine Laviolette, BHSc, JD, Senior Associate, BLG,, with special thanks to BLG student Courtney Po for her research assistance

Virtual care has allowed Canadians more convenient and faster access to health care providers during the COVID-19 pandemic. For health care providers who wish to practice virtual care across provinces and territories licensing challenges remain. This article summarizes licensing requirements for physicians practising virtual care across provincial or territorial borders, as well as tips and best practices for regulated health professionals.

Health Law, Student Forum

Forum Selection Clauses and Jurisdictional Challenges in British Columbia: The Case of Canstar

  • June 28, 2021
  • Rory McGovern

A recent British Columbia Supreme Court decision provided the Court the first opportunity to interpret and apply certain sections of the relatively recently enacted BC Franchises Act. This article details the analysis and precedential value of the decision for the scope and application of s. 12 of the BC Act, as well as outlining the Court's in depth consideration of defining the franchise relationship.

Franchise Law, Student Forum
Anishinaabemda Paaneh (“Let’s Always Use Our Language”)

Anishinaabemda Paaneh (“Let’s Always Use Our Language”)

  • June 28, 2021
  • Patricia Hania, Ph.D., and R. Martin Bayer, ,

Patricia Hania interviews R. Martin Bayer on Anishinaabemda Paaneh (“Let’s Always Use Our Language”). All translation provided by language speaker, R. Martin Bayer.

Aboriginal Law, Student Forum

Court of Appeal Summaries (June 14-18)

  • June 24, 2021
  • John Polyzogopoulos

Following are this week's summaries of the Court of Appeal for Ontario for the week of June 14, 2021.

Civil Litigation, Student Forum

Corporations Information Act (Ontario): Corporate Annual Return Filing Changes

  • June 21, 2021
  • Kimberley A. Cunnington-Taylor, B. Soc. Sc., LL.B., barrister, solicitor, notary public

If you are a business, not-for-profit, or charitable corporation incorporated in Ontario, or a foreign business corporation required to report Ontario income taxes, then you are required to file a corporate annual return under the rules of the Corporations Information Act (Ontario).

Charity and Not-For-Profit Law, Student Forum

British Columbia Court of Appeal Class Action Decision Provides Important Insight into Potential Franchise System Consumer Liability Issues

  • June 21, 2021
  • Derek Ronde, Cassels Brock & Blackwell LLP

Can the franchisor-franchisee relationship create a conspiracy? In its decision Pearce v. 4 Pillars Consulting Group Inc., the B.C. Court of Appeal upheld the lower court's decision to certify a number of claims, including civil conspiracy, in a class proceeding against both franchisee and franchisor defendants. This article highlights the outcome of the decision and considers potential consequences and considerations for franchise systems.

Franchise Law, Student Forum

Court of Appeal Summaries (June 7 - 11)

  • June 21, 2021
  • John Polyzogopoulos

In O'Reilly v. ClearMRI Solutions Ltd, the Court set aside the motion judge’s determination that that the two appellant corporations were common employers, and set aside the judgment against one of them. In Wiseau Studio, LLC v. Harper, on a motion to review, the Court, with very brief reasons, set aside Justice Thorburn’s ground-breaking order for security for judgment ordered against the appellants.

Civil Litigation, Student Forum

What's New in Pension and Benefits – June 2021

  • June 13, 2021
  • Michael Long and Simon Laxon, Willis Towers Watson

Update on Ontario and federal pension and benefits legislation, regulatory policy and case law.

Pensions and Benefits Law, Student Forum