Articles 2023

The Supreme Court of Canada's two recent decisions in C.M. Callow Inc. and Wastech Services Ltd. revisited and clarified the principles of good faith contractual performance formulated in Bhasin. While it remains to be determined whether the common law duty of good faith is different from the franchise-specific duty of good faith and fair dealing, these general principles of contract law have important implications for parties to the franchise relationship.

The recent decision of the Alberta Court of Appeal in 1777453 Alberta Ltd. v. Got Mold Disaster Recovery Services Inc. provides important insight into the calculation of net loss damages upon the termination of the Franchisee-Franchisor relationship. This article provides a brief of the case and analysis of how the Court clarified damages from a net loss perspective, along with other issues.

A review of recent court decisions addressing Criminal Code s. 278 applications in sexual-offence based cases where the records sought are youth records.

A link to the latest amendments to the Notice to the Profession - Toronto, which include updates to the Registrars in Bankruptcy section (Section F).

In a recent decision, the Court of Appeal for Ontario found that the University of Waterloo discriminated against a student applicant on the basis of disability in refusing admission. The decision provides helpful insight into how educational institutions can meet the substantive and procedural aspects of the duty to accommodate in their student admission processes.

A school board was recently found vicariously liable for historical sexual abuse that the plaintiff was subjected to by her high school teacher.

Important legislative amendments to provisions of the federal Divorce Act, RSC 1985, c 3 (2nd Supp) took effect on March 1, 2021. These amendments were made through Bill C-78 and were originally scheduled to come into force on July 1, 2020; however, the Government of Canada deferred the effective date to March 1, 2021 due to the extraordinary circumstances related to the COVID-19 pandemic.

A recent decision by Justice Steele in the Ontario Superior Court of Justice has brought some much-needed clarity for road building contractors seeking to uphold (or overturn) an interim-binding decision of a referee under MTO’s dispute resolution procedures.

The article discusses a viewing of L’Inspecteur (The Inspector) at CBA at the Movies, which deals with the issue of prohibition of French language instruction in Manitoba public schools from 1916 to the late 1960s.