Articles

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

Editor: Yoann Emian

Today
Today
head-shot photo of author Mitchell Rose

Wrongful Dismissal & ADR: 2023 Caselaw in Review

  • March 05, 2024
  • Mitchell Rose, LL.B., C. Med, Q. Arb

Court backlogs worsened in 2023 thereby significantly delaying wrongful dismissal actions. While ADR processes help to reduce backlogs, Ontario does not have province-wide mandatory mediation, and most arbitration is a result of contractual termination clauses that can be challenged. One way to encourage voluntary mediation is for courts to penalize parties for failure to participate. So, how did our Courts fare in 2023 in promoting mediation and arbitration in wrongful dismissal matters?

Labour and Employment Law, Student Forum

Duelling Definitions: The Meaning of the Term “Law” in Insurance Policy Interpretation

  • February 29, 2024
  • Michael A. Valdez, Stieber Berlach LLP

Legal arguments over the meaning of a single term may seem like little more than semantic squabbles to those unfamiliar with insurance law. However, small interpretative disputes are often at the center of high-value insurance claims. The analysis of these disputes frequently determines whether the case ends in a big payout, or with a justifiably denied claim.

Insurance Law, Student Forum

Family Dynamics at the OLC

  • February 27, 2024
  • Gosha G.S. Sekhon, owner/principal lawyer at Sekhon Legal Services

In this article, Gosha Sekhon highlights takeaways from the Family Dynamics plenary of the OBA’s 2024 Ontario Legal Conference, reminding us to get context around a client’s instructions, that experiencing the death of a family member can be a form of trauma, that all human beings see the world through their own unique lens and being a lawyer does not change that, and more.

Student Forum, Trusts and Estates Law

Roadmap to Effective Testamentary Charitable Giving

  • February 27, 2024
  • Rami Aziz, Aziz Law Professional Corporation

On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death.

Charity and Not-For-Profit Law, Student Forum, Trusts and Estates Law

Report of the Electrification and Energy Transition Panel: Summary, Five Perspectives and Impact Analysis

  • February 23, 2024
  • Alegria Rosales, Mark Rodger, Cherie Brant, Colm Boyle, Sarah Diebel, Kristyn Annis

In January 2024, the Electrification and Energy Transition Panel released a much-anticipated report titled Ontario's Clean Energy Opportunity, outlining 29 recommendations for Ontario to manage and prosper in the clean energy transition path successfully.

Natural Resources and Energy Law, Student Forum

Hey Alexa, Have You Been Hacked? Securing Your Smart Devices Today For A Safer Tomorrow

  • February 22, 2024
  • Sharan Johal, sole practitioner

Smart devices have transformed how we engage with technology in our daily lives, for various purposes such as home security, organization, communication, and entertainment. Despite overwhelming use, IoT devices are not inherently secure – and the lack of security can, in part, be exacerbated due to a user’s tech hygiene. This article explores best practices for promoting a cybersecure landscape in Canada.

Student Forum, Information Technology and Intellectual Property Law

Important Changes from the Federal Court’s Amended Consolidated General Practice Guidelines

  • February 22, 2024
  • Jenny Hepditch, Gowling WLG (Canada) LLP

On December 20, 2023, the Federal Court published the Amended Consolidated General Practice Guidelines. This article provides a summary of key amendments and some friendly reminders from previous practice directions, including guidance on filing electronic records, virtual commissioning, and mode of hearing.

Student Forum, Information Technology and Intellectual Property Law