Articles

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

Editor: Victoria Shariati

Today
Today
photo of The Honorable Karen M. Weiler C.M. O.Ont.

Three Life Lessons from a Retired Judge

  • December 19, 2022
  • The Honorable Karen M. Weiler C.M. O.Ont.

Fifty-Five years ago, I graduated from Osgoode Hall Law School. You’re probably asking yourselves, what does someone who graduated fifty-five years ago have to tell me that’s relevant to my life today? I asked myself the same question. After a lot of soul-searching, I realized that there are three life lessons that guided my career path that might be of interest and helpful to you.

Civil Litigation, Student Forum
photo of author Sarah Virani

How Much is Enough: Meeting the threshold for the tort of intrusion upon seclusion

  • December 16, 2022
  • Sarah Virani

The Ontario Divisional Court's decision in Stewart v Demme, 2022 ONSC 1790, a class action case against William Osler Health System and one of its ex-nurses (Demme), discusses the tort of intrusion upon seclusion in the context of a privacy breach. The intrusion under review here, namely, accessing health information in order to misappropriate opioids and support Ms. Demme's addiction, was not so offensive or significant as to cry out for a remedy.

Health Law, Student Forum

Managing Franchise Defaults in the Post-COVID Era

  • December 09, 2022
  • Andrew MacIver

The COVID-19 pandemic has caused many changes for us all. Such changes and challenges have impacted franchising generally. At times, these new business realities have resulted in franchisees defaulting on their obligations under their franchise agreements. What is the best way to respond to these defaults? This article considers strategies for managing defaults in franchise relationships in our new, post-COVID world.

Franchise Law, Student Forum
photo of DALL-E Demo: An output generated by the input, “teddy bears shopping for groceries in ancient Egypt

Case Study: Contracting Terms of Use for AI-Generated Art Using DALL-E

  • December 06, 2022
  • Abby Benattar, WeirFoulds LLP

There is a popular saying that goes, “a picture is worth a thousand words.” In recent years, a group of engineers in California have revolutionized this expression with their innovation of DALL-E and its successor, DALLE-2. This article describes DALL-E and some core contracting considerations for lawyers advising clients who leverage the technology.

Student Forum, Young Lawyers' Division

The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers

  • December 06, 2022
  • Lyndsay Wasser, Mitch Koczerginski (McMillan LLP)

The Court of Appeal for Ontario recently considered and definitively determined the issue of whether organizations that collect and store personal information about individuals for commercial purposes can be held liable for the tort of “intrusion upon seclusion” if they fail to take adequate steps to protect the information from third-party “hackers”.

Privacy Law, Student Forum
photo of Sajjad Malik

Executive Profiles: Introducing Sajjad Malik

  • December 06, 2022
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Read on to find out how our section's Vice-Chair, Sajjad Malik, managed to leverage his past experiences as a corporate affairs professional, civil servant, tax professional, business consultant and international lawyer in the Canadian immigration space.

Citizenship and Immigration Law, Student Forum