Articles 2020

The article comments on the Superior Court decision of Rhinehart v Legend 3D Canada (2019) ONSC 3296 by Justice Sanfilippo, who decided a motion to stay the action as the employment contract had an arbitration clause.

Our 2019-2020 Chair, Lisa Danay Wallace, welcomes the section and introduces the IT/IP Section’s exciting plans and programs for the year.

The new Act’s provisions contain gaps and inconsistencies which will in our view lead to confusion and potential problems going forward. We have identified some of them, below. Many will no doubt be addressed in due course, although many most likely will not.

In light of the critical importance of vesting orders, Canadian insolvency and banking professionals were understandably anxious when the Ontario Court of Appeal recently asked for submissions on whether receivership vesting orders can extinguish third party interests in land in the nature of a Gross Overriding Royalty.

Lessons learned from Drake’s failed “6IX” trademark dispute.

Professor Norman Siebrasse, author of the Sufficient Description blog, summarizes a recent talk he gave to the Toronto IP Group (TIPG). Professor Siebrasse highlights several of his recent or in-progress articles.

On October 2, 2019, the Public Sector Lawyers Section of the Ontario Bar Association held their annual welcome reception for articling students and LPP candidates. Students and lawyers in the public sector gathered to hear the Honourable Justice Lorne Sossin share a few words on the good, the bad and ugly of the legal public sector.

The Ontario Superior Court recently reminded defendants that an aggressive defence can be costly, when it awarded judgment to a plaintiff of less than $63,000, and more than four times that amount for the plaintiff's costs.

The Ontario Court of Appeal upholds a decision striking out paragraphs of a defence under Rule 25.11, and says that allegations regarding the plaintiff's motive for commencing an action are generally irrelevant.

Erin Cowling of Flex Legal Network reviews Professor Backhouse's "double" biography of the first two women appointed to the Supreme Court of Canada.