Should I Stay or Should I Go? March 24, 2023 Irfan Kara & Craig Gilchrist This article summarizes Facebook, Inc. v. Douez, 2023 BCCA 40, in which the British Columbia Court of Appeal allowed the defendants to appeal a liability decision even though the damages trials were still outstanding.
CCCA Ontario Highlights the Pathways of Women General Counsel March 22, 2023 Barbara De Dios Pathways to Power: Women as General Counsel was offered as a part of the OBA WLF’s ongoing Pathways to Power program series, which specifically highlights the achievements of women in our profession.
Martin v AGO et al.: The Standard of Care Required of an Occupier is not One of Perfection March 20, 2023 Lujza Csanyi In Martin v AGO et al. , the Ontario Superior Court reiterated that the standard of care required of an occupier under Section 3(1) of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (the “Act”) is one of reasonableness and not perfection. Although the standard of care is fact-specific, occupiers are not responsible for eliminating every conceivable form of danger on the premises.
Vitriol or Value? ONCA Provides Direction on Anti-SLAPP Analysis March 17, 2023 Landan Peleikis In Thorman v. McGraw, the Ontario Court of Appeal clarified section 137.1(4)(b) of the Courts of Justice Act and further narrowed the class of public expression deemed worthy of protection under Ontario’s anti-SLAPP legislation.
Why Use CCDC Contracts? March 16, 2023 Clive N. Thurston, president, Thurston Consulting Services Inc., former president of the Ontario General Contractors Association The article addresses a repeating “urban legend” that there is no value to using CCDC contracts, and reinforces why the uniquely Canadian system is not only fair but eliminates a great deal of confusion and problems for all parties concerned.
Compare and Contract: CCDC 2 and CCDC 5A March 16, 2023 James De Melo, lawyer, Construct Legal This article explores two of the most common construction contract formats in Ontario, the CCDC 2 – Stipulated Price Contract and the CCDC 5A Construction Management Contract – For Services, and identifies some of the similarities and differences between these project delivery models.
CCDC Contracts - Roast 'Em or Toast 'Em March 16, 2023 Dan Fridmar A summary of the event hosted by the OBA's Construction and Infrastructure Law Section on January 19, 2023.
Competition Policy and Canada's Grocers March 15, 2023 Amy Hill, articling student, The Public Interest Advocacy Centre This article discusses current issues facing Canadian grocery retailers, an upcoming market study and the potential impact of amendments made to the Competition Act.
OBA Civil Litigation Section Insider: Burnout March 13, 2023 Adil Abdulla This newsletter includes interviews with six lawyers, four of whom are also registered psychotherapists: Erin Durant, Craig Gilchrist, Jordana Bergman, Kara Hardin, Melanie Goela, and Ellen Schlesinger.