Articles 2023

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Today
Harjot Atwal - legal counsel, claims at FCT

Construction Financing vs. Writs of Seizure and Sale: who trumps who?

  • November 16, 2020
  • Harjot Atwal - legal counsel, claims at FCT

In a construction context, certain percentages of mortgage funds are advanced in stages as the different stages of construction and development are completed. If a writ of seizure and sale is filed after the mortgage was registered and the mortgagee was given notice of the filing, are the mortgage advances that are made subsequent to the writ’s filing subject to such a writ’s priority? This article considers this question by discussing the case 1842752 Ontario Inc. v. Fortress Wismer 3-2011 Ltd.

Real Property Law, Student Forum

Top Ten Issues to Include in a Virtual Arbitration Protocol

  • November 13, 2020
  • Megan Keenberg

In a "New Normal" in the wake of COVID-19 and social distancing requirements, arbitration proceedings have adapted to meet a distanced, technologically plugged-in process. In this article, lawyer, arbitrator and mediator Megan Keenberg breaks down ten key points that are essential to a virtual arbitration protocol.

Alternative Dispute Resolution, Student Forum
Canada Proposes Criminalization of Conversion Therapy for LGBTQ2S Persons

Canada Proposes Criminalization of Conversion Therapy for LGBTQ2S Persons

  • November 13, 2020
  • Rebecca Hines

Conversion therapy is a blight on Canadian society, causing arguably irreparable harm to the LGBTQ2S community. According to the Canadian Department of Justice, lower income, Indigenous, and transgender people are disproportionately represented amongst those who have been exposed to conversion therapy. The recent Bill C-6 attempts to bring criminal law reform in line with LGBTQ2S rights to ban the harmful practice across the country.

Sexual Orientation and Gender Identity Law, Student Forum

Court of Appeal Summaries (November 2 – November 6, 2020)

  • November 13, 2020
  • John Polyzogopoulos

There were quite a few substantive decisions of the Court of Appeal released this week. Topics covered this week included another round of litigation in the Indian Residential School Settlement, vexatious litigants, the setting aside of an order granting summary judgement in the context of a shareholder’s agreement involving a right of first refusal, limitation periods, family law.

Civil Litigation, Student Forum

The Anti-Deprivation Rule and its Implications for Construction Contracts: Chandos Construction v Deloitte

  • November 11, 2020
  • Bruce Reynolds and Nicholas Reynolds, Singleton Reynolds.

In Chandos Construction v Deloitte Restructuring, the Supreme Court clarified one aspect of bankruptcy law – the scope and application of the anti-deprivation rule – while leaving an unsettled area of contract law – the penalty doctrine – to be resolved for another day. Here, we consider the implications of the newly-clarified anti-deprivation rule as it applies to the construction industry.

Construction and Infrastructure Law, Student Forum

Virtual Litigation in Construction Law: Are you Ready? Best Practices Roundup

  • November 11, 2020
  • Karen Groulx and Dragana Bukejlovic, Dentons Canada LLP

Perhaps one silver lining to the COVID-19 Pandemic has been the accelerated implementation of technologically based tools by both the construction industry and the courts to overcome the hurdles arising from the need to maintain “physical distancing’.

Construction and Infrastructure Law, Student Forum

Articling During COVID-19 – A Municipal Perspective

  • November 10, 2020
  • Eric Cheng, articling student - Legal Services, The Regional Municipality of Peel

What is articling like at a municipality right now? Read on to find out, and to hear tips for other articling students also working remotely.

Municipal Law, Student Forum
3 Types of People That Make the Greatest Social Impact, and Why You Should Be One of Them

3 Types of People That Make the Greatest Social Impact, and Why You Should Be One of Them

  • November 10, 2020
  • Daniel Lo

The recent social distancing initiatives and work from home policies have left us with a lot of time on our own. Why not use this excess introspective time to make small changes in the way you interact and communicate with others? In this article, Daniel Lo identifies the three types of people that make the greatest social impact and shares his perspectives on the benefits of working on your personal brand.

Student Forum, Young Lawyers' Division