Articles 2021

In R v Great Lakes Stevedoring Company Ltd, companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property.

Read a brief profile of Valerie Kleinman, Member-at-Large of the OBA Citizenship and Immigration Law Section Executive.

In Raibex the Ontario Court of Appeal narrowed the availability of rescission for franchisees, stating that the availability of rescission under s. 6(2) of the Arthur Wishart Act was dependent on whether the franchisee was effectively deprived of the opportunity to make an “informed investment decision”. The recent decision of 2483038 Ontario Inc. v. 2082100 Ontario Inc. provided clarification on this issue and on who might constitute a franchisor’s associate pursuant to the Act.   

Canadian entertainment lawyers are generally under-fed when it comes to court decisions. So, in April 2020, when the Ontario Superior Court of Justice released its decision in Wiseau Studio, LLC et al. v. Harper et al., 2020 ONSC 2504 – the first detailed consideration of how to apply copyright’s fair dealing mechanism to documentary films – it offered a satisfying meal indeed. Even better, it involves “the greatest bad movie ever made” – The Room.

The role of a lawyer is rapidly changing in the wake of the COVID-19 pandemic. Increasingly, lawyers are being asked to not only interpret laws, but to also advocate for changes to laws. Lawyers who engage in this sort of advocacy should be aware of their obligations under the Ontario Lobbyists Registration Act (“Act”).

I like to think I have a unique perspective on our court system as the result of three things: (1) I was called to the bar just last year (2019); (2) I started a law firm partnership right after my call; and (3) my fledgling post-call business venture happened to coincide with one of the most serious pandemics in recent memory.