Articles 2023

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Confusion Surrounding the Transition Provisions of Ontario’s Construction Act: Should They Apply on a “Single Improvement” Basis?

  • December 09, 2019
  • Robert Kennaley and Josh Winter, Kennaley Construction Law

This article is a continuation of our previous article on gaps, confusion and inconsistencies in Ontario’s Construction Act. Here, we focus on the transition provisions which apply to the Act’s changes effective July 1, 2018 and October 1, 2019.

Construction and Infrastructure Law, Student Forum

Getting Adjudication Right: Early Issues and Opportunities for Improvement

  • December 09, 2019
  • Jay Nathwani, senior legal counsel, Crosslinx Transit Solutions Constructors, and John Margie, partner, Glaholt LLP,

Statutory adjudication of construction disputes in Ontario is in its early stages. Because of the section 87.3(4) transition provisions of the Construction Act (the “Act”), adjudication does not apply to most current contracts and subcontracts; but as new projects are bid, adjudication will gradually become the norm in the province.

Construction and Infrastructure Law, Student Forum

Updates to the Arthur Wishart Act Anticipated Following Public Consultation

  • December 09, 2019
  • Clark Harrop, partner at Dale & Lessmann LLP

Coming on the heels of the OBA Franchise Section's November 19, 2019 dinner program "If I Could Revise the Franchise Laws in Canada", the Ministry of Government and Consumer Services recently completed a public consultation process for proposed changes to the regulations under the Arthur Wishart Act (Franchise Disclosure), 2000, SO 2000, c 3 (the “AWA”). This article reviews some important anticipated changes.

Franchise Law, Student Forum

Book Review: LGBTQ2+ Law: Practice Issues and Analysis

  • December 09, 2019
  • Eric Sadvari, Goldhart & Associates

This is an informative and succinct review of the recently launched LGBTQ2+ Law: Practice Issues and Analysis, authored by Joanna Radbord, and including chapters contributed by well-respected practitioners, academics, and activists.

Family Law, Student Forum

Producing Financial Disclosure in Family Law: A Poem

  • December 09, 2019
  • David Frenkel, LL.B., Gelman & Associates

This poem from David Frenkel delves nicely into the fear and loathing that our clients can experience when dealing with the task of gathering their financial disclosure.

Family Law, Student Forum

There are Strange Things Done in the Midnight Sun [to] the Men who Moil for Gold*

  • December 03, 2019
  • Chuck Higgins

Joe Leadbetter is a prospector. With many others, he forms the backbone of Canada’s mining industry.  In Canada – we have what is called a “free entry system”. Prospectors like Joe can enter onto Crown Land and look for minerals. If they find something interesting, they can stake a claim.

Natural Resources and Energy Law, Student Forum

Federal Court Issues Landmark Website-blocking Injunction With Significant Implications for ISPs

  • December 02, 2019
  • Vincent de Grandpré, Christopher Naudie and Sydney Young, Osler, Hoskin & Harcourt LLP

In the first order of its kind in Canada, the Federal Court has issued an injunction directing named internet service providers (ISPs) to prevent users from accessing certain websites operated by anonymous defendants that are alleged to infringe Canadian copyrights over a wide range of audiovisual works and broadcasts.

Entertainment, Media and Communications Law, Student Forum

What is a Procurement Lawyer and Why Might You Need One?

  • December 02, 2019
  • Quin Gilbert-Walters, Gowling WLG

Like many practice areas, there is no typical day in procurement law. The area of procurement law can provide a great opportunity to work with clients in a variety of industries such as defence, pharmaceuticals, infrastructure, and manufacturing.

Student Forum, Young Lawyers' Division