Articles 2023

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

Often parties describe a mediation process that does not result in a settlement as a failure. Focussing on the money spent preparing for the mediation, and for the Mediator’s fees, and on the time diverted from the litigation process, parties are typically blind to the myriad benefits of the mediation process itself, separate and apart from any resolution that may arise from it. Here are the top 10 benefits to the mediation process.

Twelve mediation advocacy tips for Ontario lawyers.

Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.

On February 4, 2020, the OBA Health Law Section collaborated with the Constitutional, Civil Liberties and Human Rights Law Section in hosting “Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute. This article recaps some of the highlights of the event.

Coffee chats are standard fare for job seekers, networkers, and those looking to give back, After spending a few years on both sides of the coffee chat table, this author has five tips for those looking to rock their next one.

The path to become a lawyer and practice law can be difficult. Both current and aspiring lawyers can expect to experience rejection, but it does not define who we are. Rejection can be re-purposed as a stepping-stone for growth.

Recent amendments to the Canada Elections Act (the “Elections Act”) came into force and effect on June 13, 2019. This article summarizes these significant changes and how they impact non-profit organizations and registered charities.

Since copyright laws generally grant the owners of artistic works the sole right to control the use and reproduction of their works in all media (subject to some limited exceptions), any unauthorized use or reproduction of a celebrity’s tattoo in an e-sports game (e.g., NBA 2K20), movie (e.g., The Hangover), or other media may result in a copyright infringement claim — not to mention a trademark, publicity or personality rights claim, depending on the circumstances.

A summary of the topics discussed at the January meeting of the OBA's Brown Bag Lunch program, or "BBL." Discussion covered planning-related topics such as ODSP limits, lifetime benefit trusts, and the prudent investor rule, as well as litigation issues such as bank policies around multiple attorneys acting under a joint POA, and the court's process when a Notice of Objection to a Certificate of Appointment of Estate Trustee has been filed.