Articles 2023

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This is What a Lawyer Looks Like: Meet Caryma Sa'd

This is What a Lawyer Looks Like: Meet Caryma Sa'd

  • November 28, 2019
  • Nabila Khan, Section Newsletter Editor

The face of law is changing. In an effort to highlight the diverse range of individuals working across the legal landscape, we are pleased to present our new series, This is What a Lawyer Looks Like. The goal of this series is to put racialized and Indigenous women lawyers in the spotlight and amplify their voices in the conversation about gender equality. In this instalment: meet Caryma Sa'd, lawyer and access to justice trailblazer.

Women Lawyers Forum, Student Forum
Employer Flexibility Does Not Modify the Employment Contract

Employer Flexibility Does Not Modify the Employment Contract

  • November 27, 2019
  • Justin P’ng, Fasken Martineau DuMoulin LLP

It is a fact of life. Employees sometimes need flexibility to start or leave work at different times than originally agreed with their employer. Sometimes this is because of child care issues. A recent appellate decision, Peternel v. Custom Granite & Marble Ltd., confirms that employer flexibility in granting occasional requests does not always modify the underlying employment contract.

Labour and Employment Law, Student Forum
Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

  • November 27, 2019
  • Barry B. Fisher LL.B.

In Groves v. UTS Consultants Inc., 2019 ONSC 5605, the Ontario Superior Court of Justice held that a termination clause, which was found to contract out of the Ontario Employment Standards Act, 2000 (the ESA), could not be read to comply with the ESA despite containing a "saving clause."

Labour and Employment Law, Student Forum

CM Callow Inc. v Zollinger: The Relevance of Good Faith in Terminating Construction Contracts

  • November 27, 2019
  • Bruce Reynolds and Nicholas Reynolds, Singleton Urquhart Reynolds Vogel LLP

The Ontario Court of Appeal in CM Callow Inc. v Zollinger, 2018 ONCA 896 (“Callow”) recently rendered a decision that could have important consequences for parties seeking to terminate commercial agreements. Specifically, Callow may have significant ramifications for the law of good faith in Ontario, and in particular with respect to the duty of honest performance first recognized in Bhasin v Hrynew, 2014 SCC 71.

Construction and Infrastructure Law, Student Forum

The Liberals Hold On - But Is Carbon Pricing Out Of The Woods?

  • November 25, 2019
  • Liane Langstaff and Chris Hummel

In 2020, the Supreme Court will decide whether the federal government has jurisdiction to price carbon under the GGPA. If upheld, the GGPPA will layer over a complex patchwork of provincial regulation and policy. Even if struck down, the federal government will probably retain some role in GHG regulation. While both federal and provincial governments likely have a say in GHG regulations, questions about the allocation of authority and the form regulations will take have yet to be answered.

Environmental Law, Student Forum

Streaming Wars: The Legal Impact of a Rapidly Changing Television Industry

  • November 21, 2019
  • Layth Gafoor, Managing Partner, Lucentem Sports & Entertainment Law

Sports and entertainment lawyer Layth Gafoor discusses the proliferation of content-streaming services giving Netflix a potential run for its money, plus how this new digital landscape is radically changing the dealmaking process with execs and lawyers scrambling to adapt.

Entertainment, Media and Communications Law, Student Forum

“Help Me Help You” - The Non-Linear Path to Entertainment Law

  • November 21, 2019
  • Pooja Sihra

In case you missed it, the Ontario Bar Association’s Entertainment, Media and Communications Law Section recently hosted a mentoring event called “Help Me Help You” for new and aspiring lawyers. Pooja Sihra offers three key takeaways.

Entertainment, Media and Communications Law, Student Forum

Delay in Youth Court Proceedings: R v K.J.M. 2019 SCC 55

  • November 20, 2019
  • Brock Jones

The Supreme Court of Canada has ruled that the Jordan framework for assessing whether or not an accused person has been tried within a reasonable time applies to young persons.

Child and Youth Law, Student Forum