Articles 2020

Aujourdʼhui
Aujourdʼhui

Minutes from the January 20, 2021 ELUC Meeting

  • 10 mai 2021
  • Estates List Users Committee

At the January meeting of the Estates List Users Committee, topics discussed included wait times for probate applications and short scheduling appearances, and current practices for filing and putting materials before a judge.

Student Forum, Droit des fiducies et des successions
Carissa N. Tanzola and Stephanie Nicholson,

When Unfettered Compliance is a Detriment: Appealing Orders under the Occupational Health and Safety Act

  • 06 mai 2021
  • Carissa N. Tanzola and Stephanie Nicholson, Filion Wakely Thorup Angeletti LLP

Over the course of the COVID-19 pandemic the Ministry of Labour has hired more than 100 new Inspectors to investigate workplace health and safety matters and issue orders to address their concerns. This article discusses an employer’s right to appeal an Inspector’s orders and how a failure to appeal affects a subsequent prosecution.

Droit du travail et de l’emploi, Student Forum

Del Giudice v. Thompson: Ontario Superior Court Provides Guidance On Pre-Certification Communications With Putative Class Members

  • 06 mai 2021
  • Jeremy Devereux and Ted Brook, Norton Rose Fulbright Canada LLP

In Del Giudice v Thompson, Perell J. provided valuable guidance to the class action bar regarding pre-certification communications with putative class members. This article reviews how the law in Ontario has developed and suggest that this decision—and in particular, Perell J.’s postface—offers a promising path forward.

Droit des recours collectifs, Student Forum

Reworked Goods and Brand Owners: A Lesson from Chanel and Nike

  • 06 mai 2021
  • Alessia Monastero

Upcycled and reworked fashion has always been on trend, but has never quite been as popular as it has over the last year. With the pandemic pushing e-commerce to the forefront of retail, the ability to make, sell, or purchase reworked clothing has become increasingly accessible. While upcycled garments continue to serve as an artistic outlet and sustainable alternative to the apparel industry's massive waste problem, what does reworked fashion mean for trademark and IP owners?

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Large Stakes and Big Mistakes: A Case Summary of CIS General Insurance Limited v IBM United Kingdom Limited

  • 06 mai 2021
  • Julia Sydorenko and Wendes Keung, WeirFoulds LLP

The Technology and Construction Court in the United Kingdom recently considered the failure of a high-value digital transformation project and the eventual termination of the project agreement. The decision provides commentary on repudiatory breach, exclusion of liability for indirect damages, breach of warranty, and project delays, which provides a number of helpful points for consideration for technology lawyers.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Use Your Discretion (At Your Own Risk): Could the Supreme Court’s Asselin Decision Resonate at Common Law?

  • 05 mai 2021
  • Robert Sniderman and Jeremy Martin, Cassels Brock & Blackwell LLP

With its recent decision in Desjardins Financial Services Firm Inc v Asselin, the Supreme Court of Canada highlighted and galvanized the suddenly stark jurisdictional differences between Canadian provinces, finding that, even as Ontario has taken legislative steps to raise the standard for class action certification, the existing law in Québec is to be interpreted on the loosest possible standard, short of authorizing frivolous claims.

Droit des recours collectifs, Student Forum

Employment Class Actions in Ontario: where are we now and where are we headed?

  • 05 mai 2021
  • Joshua Mandryk and Jody Brown, Goldblatt Partners LLP

It has been nearly nine years since the Ontario Court of Appeal’s unpaid overtime class action certification trilogy was released, settling the law regarding certification of unpaid overtime and employment misclassification class actions. With the benefit of the intervening years, what can be said now about the state of employment class actions in Ontario?

Droit des recours collectifs, Student Forum

Missing Notes to Financial Statements and Other Disclosure Deficiencies

  • 05 mai 2021
  • George A. Wowk, Cassels Brock & Blackwell LLP

A recent Ontario case considered the test for determining whether deficiencies in a disclosure document are so material so as to amount to no disclosure at all, thereby permitting rescission within two years under section 6(2) of Ontario's Arthur Wishart Act. The decision notes that the test, which considers whether the deficiencies impair the ability of a franchisee to make an informed decision, is an objective one, but which must account for the particular facts of each case.

Droit des franchises, Student Forum

Government Responds to Recommendations of Senate Report on Charities & NFP Sector

  • 03 mai 2021
  • Terrance S. Carter and Esther S.J. Oh

The Federal Government published a detailed response letter on March 30, 2021 to the Senate’s special report on the charitable and non-profit sector. The 20-page letter from the Minister of National Revenue reviews and responds to all of the 42 Recommendations. This article provides an overview of the Government’s extensive response to the Report and highlights comments of particular interest.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Federal Budget 2021: Impact On Charities and Not-For-Profits

  • 03 mai 2021
  • Terrance S. Carter, Theresa L.M. Man, Ryan M. Prendergast, Esther Shainblum, Luis R. Chacin and Sean S. Carter

Released 13 months into the pandemic, Budget 2021 is comprised of four parts focussing on various priorities: Finishing the Fight Against COVID-19; Creating Jobs and Growth; A Resilient and Inclusive Recovery; and Fair and Responsible Government. This article provides a summary and commentary on provisions proposed in Budget 2021 that impact the charitable and the not-for-profit sectors.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum