Articles 2021

Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 20, 2021.

Lawyers who have embraced emerging legal situations have likely learned a happy lesson – it is absolutely possible to learn about new or emerging areas of law and get the answers your clients need, as long as you know how to go about it.

Tips and tricks for navigating phone calls with opposing counsel, and why it pays off to speak to over the phone instead of via email.

An introductory welcome to the 2021-2022 Season from the Privacy and Access to Information Law Section Chair, Jaime Cardy.

Earlier this year, Walmart filed an opposition with the US Patent and Trademark Office against Kanye West’s new Yeezy logo. Yeezy LLC’s new trademark application consists of eight symmetrical dotted lines in the shape of a spark. Walmart argues that it will be damaged by the registration of Yeezy’s mark, which was filed in connection with music, clothing, retail store services, streaming of music services, record production, and hotel services. ⁠

Teksavvy Solutions v Bell Inc. provides a novel remedy for copyright owners to deal with copyright infringement: a site-blocking order. In TekSavvy, the Federal Court of Appeal unanimously upheld the Federal Court’s unprecedented interlocutory order that required several Canadian Internet Service Providers (ISPs) to restrict access to several websites because of copyright infringement.

In the context of Canada's snap Federal Election, this opinion piece by Professor Mendes proposes democratic constraints on the use of the notwithstanding provisions in Section 33 of the Canadian Charter of Rights and Freedom.

A Welcome Message from Andrew Sprague, the chair of the Constitutional, Civil Liberties and Human Rights (CCLHR) Law Section of the OBA. An insightful message which details his passion for the CCLHR, the goals of the CCLHR Executive Team and a detailed account of upcoming events and initiatives in the 2021-2022 season.