Articles 2020

Restrictive covenants can be an essential feature of a franchise agreement, but how will they be enforced? Recent developments in the law have cast some confusion and inconsistency on the interpretation, scope, and enforceability of these clauses, including the test for obtaining injunctions. In this article the authors review recent decisions, and weigh in on the debate.

Section 11 of the Wishart Act is a protective provision preventing any waiver or release of rights. The Courts have interpreted the section strictly, presenting challenges in practice around ensuring enforceability of contractual releases. This article discusses the legal developments interpreting s. 11 and recent decisions clarifying its scope.

In “The Litigator and Mental Health“, Chief Justice Strathy writes about mental health in our profession and what we can do to improve it. Unfortunately, practicing law can be damaging to one’s mental health. In fact, there is a strong correlation between traditional markers of success in the law and depression in lawyers.

For many lawyers, time is everything. But time is hard to manage, particularly when you are busy dealing with a slew of phone calls, emails, invoices and document preparation, which, unfortunately, are not typically billable. In this article, I’ll be taking a look at 5 unique ways to manage your growth and expand your law firm while being cost effective and without, in fact, expanding the number of people working in your law firm.

Please find our summaries of the civil decision of the Court of Appeal for Ontario for the week of July 4, 2022.

Mobile applications have become synonymous with organizations’ outreach initiatives. The recent joint investigation by federal and provincial privacy authorities into the Tim Hortons app emphasizes the need for companies to consider Canadian privacy laws when designing their apps.

What are the privacy considerations involved in ordering a medical examination under s.105 of the Courts of Justice Act, when that medical examination requires genetic testing?

What does it take to win the OBA's Health Law Award? Great mentoring, hard work and an excellent team around you.

This article elaborates on the consequences for a seller who does not honour a real estate deal that the buyer entered into with the intent to develop the land.