Articles 2020

Penalty and liquidated damages clauses may seem like an attractive option in the contractual legal toolkit for franchise agreements. However, there are potential drawbacks and drafting considerations to keep in mind. This article provides an overview of these clauses, their benefits, and thoughts on their utility in the franchise context.

In this article, the author shares the wisdom and experiences he has received from his mentors about five key factors to consider before hiring your first clerk, assistant, or associate.

Perhaps you are looking to hire your first associate or staff member, or perhaps you already have a team. Either way, contracts and policies are your best opportunity to improve your legal position, and the simple reality is that the vast majority of employment contracts are ineffective. As a fellow OBA member, we will gladly review your current employment agreement template, at no cost, and let you know if it needs to be updated.

The author talks about the challenges she faced in opening her practice straight out of articling and into the COVID-19 pandemic.

This article takes a look at some of the responses to the COVID-19 pandemic and changes being made, through the lens of a first year call grappling with issues of access to justice. What changes are being made? How can we make sure that these changes are promoting access to justice? What are the challenges involved in ensuring accommodation of disabilities at this time and in the future? Finally, how do we ensure that the changes we make now are both sustainable and accessible?

Please find below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 11. There were only three substantive civil decisions released this past week.

Consideration of Canadian Appliance Source LP v. Ontario, in light of the ongoing COVID-19 pandemic. What is a "hardware store"?

Jenny Mboutsiadis is a tax partner at Fasken.  Prior to joining Fasken Jenny spent 11 years at the Department of Justice. 

On November 30, 2020, the Government released its Fall Economic Statement 2020 titled: Supporting Canadians and Fighting COVID-19. The Statement includes proposals that will impose significant obligations on e-commerce businesses and businesses that import goods into Canada.