OBA.org - Articles 2020

Is Canada Closer to Enacting Modern Slavery Legislation? A Brief Update.

March 31, 2022
Nicky Kim and Giovanna Di Sauro

Discussing the recent and forthcoming measures on modern slavery in Canada, including: the impact of the Canadian-United States-Mexico Agreement (“CUSMA”); Prime Minister Justin Trudeau’s mandate letter to Canada’s Minister of Labour; and the development and status of Canada’s modern slavery legislation.

Practising in the Metaverse: Business Opportunities; Cyber and Privacy Risks

March 31, 2022
Brent J. Arnold

The Crypto Evolution Continues: An overview of client onboarding, virtual law offices, video conferencing and privacy/security considerations of practicing in the metaverse.

Ukraine Invasion Increases Cyber Risk for Canadian Business

March 31, 2022
Brent J. Arnold and Kavin Sivasothy

An overview of cyber risks faced by Canadian businesses as a result of the Russian invasion of Ukraine.

Ratcheting in Representative Negotiation

March 31, 2022
Matthew Gordon

Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.

Case Summary: Sabitu v. Canada (Citizenship and Immigration), 2021 FC 165 (CanLII)

March 30, 2022
Oltion Toro, articling student

In its findings, the Federal Court certified several questions, including one concerning the collateral attack doctrine. It remains to be seen the outcome at the Federal Court of Appeal.

Why We Need to Implement Province-Wide Mandatory Mediation in Ontario

March 29, 2022
Andrew Monkhouse and Tiffany He, Monkhouse Law

For almost 20 years, mediation has been required in most civil litigation proceedings in Toronto, Ottawa and Windsor. Mandatory mediation has significantly reduced the time taken to resolve cases and increased litigant satisfaction. A provincial roll-out of mandatory mediation will alleviate the current backlogs in Ontario courts and address the province’s urgent need to increase access to justice.

Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

March 29, 2022
Stuart Rudner, Rudner Law

While we generally refer to mediation as a confidential and without prejudice process, the truth is that there are three potential situations in which what happens at mediation can be referenced and relied upon. It is important that counsel are aware of these exceptions, and advisable that they ensure that mediations they participate in are governed by an agreement which rebuts them to the extent possible. My standard mediation agreement does so, but not all of them do.

Mentorship Goes Both Ways

March 28, 2022
Tiana Knight

A key aspect of mentorship is ensuring that you establish mutually beneficial professional connections and focus on maintaining those relationships throughout your career, rather than just seeking out how others can support you.

Head shot photo of author Alexander Evangelista

Standing Up to the Schoolyard Bully: Tips for Dealing with Difficult Senior Lawyers

March 28, 2022
Alexander Evangelista

Learning how to handle senior lawyers who are all-too-comfortable resorting to bullying is an essential part of any lawyer's toolbox. Here are some tips for dealing with those bullies.

Bill C-11’s Foundational Faults, Part Four: Why the Discoverability Rules Will Harm Canadian Creators and Risk Millions in Revenues

March 25, 2022
Michael Geist

In the fourth of a five-part series of posts on foundational faults in Bill C-11, Michael Geist argues that its regulated discoverability requirements are likely to harm Canadian creators, resulting in lost audiences and potentially millions in lost revenues.

Tracking Preferences

Articles 2020