Articles 2020

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.

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.

A comprehensive look at what factors parties should consider when mediating a guardianship matter.

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

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.

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.

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.

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.

Minutes from the March 16th meeting of the Commercial List Users’ Committee (CLUC).