Articles 2023

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Today

Court Finds that Franchisee Took Commercially Reasonable Steps to Dissociate from Franchisor

  • February 20, 2021
  • Steven Goldman and Alana Spira

When the franchise relationship comes to an end, ensuring dissociation from the franchisor while continuing on with business can present challenges. In this case the Court dealt with a dispute as to whether there had been dissociation per the parties' agreement, and provides guidance on what constitutes commercially reasonable efforts.

Franchise Law, Student Forum
Saba Ahmad

Interview with Vavilov lawyer, Hadayt Nazami

  • February 18, 2021
  • Saba Ahmad

One year ago, lawyer Hadayt Nazami won a landmark ruling from the Supreme Court in Vavilov v. Canada. In a candid interview, Nazami provides insights about the years-long saga behind his victory, securing his client's right to Canadian citizenship.

Administrative Law, Constitutional, Civil Liberties and Human Rights Law, Citizenship and Immigration Law and 1 more..., Student Forum

Terranata, the Standard Release and Implied Indemnity

  • February 11, 2021
  • Ivan Merrow

The recent case of Terranata Winston Churchill Inc. v. Teti Transport Ltd., et al., 2020 ONSC 7577 explores the meaning of a “standard” release in the context of multi-party and multi-action construction disputes. This decision also serves as a warning to settling parties—unconditionally agreeing to an undefined release may have unintended consequences.

Student Forum, Young Lawyers' Division

The Significant Impact of Waksdale on the Enforceability of Termination Provisions

  • February 11, 2021
  • Behzad Hassibi

In this article, Behzad Hassibi discusses the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc. This decision will have a significant impact on the enforceability of employment contracts, as many termination clauses that were previously enforceable may now be null and void.

Student Forum, Young Lawyers' Division
Harjot Atwal, Beard Winter LLP

Family Cottage: How it can cause conflict, give rise to litigation

  • February 11, 2021
  • Harjot Atwal, Beard Winter LLP

This is the first in a series of articles concerning legal issues and challenges that families may face due to their ownership of cottages. This article focuses on estate litigation driven by family conflicts.

Real Property Law, Student Forum

Some Reflections on Some Recommendations

  • February 11, 2021
  • John Bartolomeo, lawyer and co-director, Workers' Health and Safety Legal Clinic

In this article, John Bartolomeo of the Workers' Health and Safety Legal Clinic shares his thoughts on two of 25 recent recommendations that resulted from an operational review of the Workplace Safety and Insurance Board, which include various amendments to the current appeals system.

Student Forum, Workers' Compensation

Soft Law and Adjudicative Independence: Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), 2020 FCA 196

  • February 11, 2021
  • Michelle Alton and Rosemary Basa, WSIAT Tribunal Counsel Office

The following is a case summary of Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), a Federal Court of Appeal decision considering whether the use of Jurisprudential Guides, a form of "soft law" authorized under the Immigrant and Refugee Protection Act, improperly interferes with adjudicative independence.

Student Forum, Workers' Compensation

Court of Appeal Summaries (February 1 – 5, 2021)

  • February 06, 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 1, 2021. Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with myself and Chloe Snider of Dentons.

Civil Litigation, Student Forum

A Hometown Resolution

  • February 06, 2021
  • Zackery Shaver

Looking for a new years resolution? Read about Zackery Shaver's resolution to become more connected with his community.

Student Forum, Young Lawyers' Division