Articles 2023

In Chandos Construction Ltd. v. Deloitte Restructuring Inc., a decision released on October 2, 2020, the Supreme Court of Canada affirmed the anti-deprivation rule in the common law of Canada. The dispute in this case revolved around a construction contract between Chandos Construction Ltd. and Capital Steel Inc. that included a clause which provided a fee of 10% of the contract price for the inconvenience and for monitoring the work in the event of Capital Steel’s bankruptcy.

The article discusses practical tips for seeking employment in the public sector gathered during mentor sessions at the OBA's "Welcome to the Practice of Public Law: Exploring Careers in the Broader Public Sector" program.

Can Section 3 counsel be compelled to testify against their own client?

Can a long term care facility restrict visitors? What rights do residents of long term care homes have?

The law related to MAID in Canada continues to evolve. A look at the federal government's Bill C-7 and proposed amendments reintroduced in Parliament on October 5, 2020.

A significant problem facing many Indigenous Peoples is the lack of an effective enforcement mechanism for Indigenous laws, which can render them ineffectual. On October 15, 2020, the OBA’s Aboriginal Law Section hosted a program on “Critical Issues in the Enforcement of Indigenous Laws,” chaired by R. Martin Bayer and Naomi Sayers, that explored the various challenges that prevent the enforceability of Indigenous laws as well as opportunities to overcome these hurdles.

This edition of the Insider is titled 'Who knew?". Articles by Marc Kestenberg and Kevin Schoenfeldt of Kestenberg Siegal Lipkus LLP, Jacqueline King and Matilda Lici of Shibley Righton LLP, and Cameron Fiske of Milosevic Fiske LLP, share little known practice points that could be a lifesaver on your next file. Enjoy!

Examinations for Discovery are a fundamental step in litigation. A party is entitled to examine a corporate representative with knowledge of the events at issue. As Jacqueline L. King and Matilda Lici of Shibley Righton LLP explain, it may not be so simple.