Articles 2020

Aujourdʼhui
Aujourdʼhui

Force Majeure Provisions in the Context of Outbreaks and Protests

  • 26 mars 2020
  • Jackie van Leeuwen, student-at-law at Glaholt Bowles LLP

Force majeure provisions are often overlooked, but when drafted and invoked properly, they can be useful risk allocation tools. In the construction context, they can be used to allocate risk in case of a shortage of raw materials, extreme weather or a labour strike, among other events. Force majeure clauses excuse a party’s performance under a contract in full or in part, to the extent that the failure to perform is due to certain circumstances outside of the party’s control.

Droit de la construction et infrastructure, Student Forum

Confronting Ageism in the Workplace

  • 26 mars 2020
  • Fiona Martyn, Samfiru Tumarkin LLP

As baby boomers enter the final stage of their working lives, ageism in the workplace has become increasingly pervasive. Significant demographic and legislative changes have resulted in an overall increase in age discrimination cases.

Elder Law, Student Forum

Does your Pandemic Plan Align With your Data Security Plan?

  • 24 mars 2020
  • Molly Reynolds and Ronak Shah

The authors highlight key privacy and security issues that should be considered by organizations implementing business continuity measures in the face of a pandemic.

Droit de la protection de la vie privée, Student Forum

Basic Approach for Remote Signing

  • 23 mars 2020
  • Prepared by Maurizio Romanin, Merredith MacLennan and Ian Speers

In light of the recent LSO directions regarding remote commissioning, we have put together an outline of an approach that real estate lawyers can consider when obtaining a remote signature from a client. This is not legal advice and has not been approved by the Law Society of Ontario but is rather offered as a resource.

Droit immobilier, Student Forum

Potential Insurance Coverage for Loss Caused by COVID-19

  • 23 mars 2020
  • Hovsep Afarian, Aidan Cameron, Emmanuelle Poupart, and William G. Scott – McCarthy Tétrault LLP

Many businesses across a range of industries have suffered significant financial loss caused by COVID-19. This article explores potential insurance coverage to help offset the losses caused by COVID-19. Business interruption insurance and event cancellation insurance are specifically addressed, and practical tips are provided to help maximize potential insurance coverage.

Droit des assurances, Student Forum

Adult Sentence Upheld For Historical Crimes

  • 20 mars 2020
  • Brock B. Jones

How should a court assess the appropriateness of an adult sentence application by the Crown when there has been 24 years since the commission of the offence and the sentencing proceeding? A review of R v RM, 2020 ONCA 231.

Droit des enfants et des jeunes, Student Forum

Third-party Funding and Mediation

  • 18 mars 2020
  • Athanasios Papadas, LLB, LLM (Civ. Proc.; Intl Bus. Law)

Third-party funding (“TPF”) has gained traction in several Canadian jurisdictions. An increasing number of counsel and parties alike appreciate the value of non-recourse legal financing and its role in alleviating financial burden and mitigating risk. Thanks to these and other advantages of TPF, it is no surprise that parties engaged in (voluntary and mandatory) mediation have been able to leverage their being funded in numerous ways.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum