Articles 2023

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Protecting Against Developer Error: Addressing Appropriate Data Management Procedures and Measures for Developers Today… and Tomorrow

  • April 17, 2019
  • William Lim

Facebook discovered a data breach in 2013 due to the inadvertent interaction between two of its features. The Privacy Commissioner of Canada (“Commissioner”) investigated the cause and aftermath of the breach and decided that the remedial measures Facebook implemented following this breach was sufficient. Would that decision be upheld by a Court in a claim for negligence? What additional but practical technical measures could Facebook have implemented to avoid being found negligent?

Privacy Law, Student Forum

Lessons from “Hard Work is Not Enough: Take Control of Your Career"

  • April 12, 2019
  • Heather Douglas, lawyer at AMR LLP

On February 6, 2019, Heather Douglas and Dana Lue of the OBA Young Lawyers' Division chaired the Continuing Professional Development (CPD) program "Hard Work is Not Enough: Take Control of Your Career". Read Heather's takeaways from the event here.

Student Forum, Young Lawyers' Division

Getting Past Pronouns: Gender inclusive practice and drafting in the legal profession

  • April 12, 2019
  • Elizabeth White, articling student, Borden Ladner Gervais LLP

Removing and replacing gendered pronouns and gender assumptions is a small but critical way the legal profession can promote equality and respect for gender diverse Canadians. Read on for practical tips and guidelines to be more gender-inclusive using the written word.

Student Forum, Young Lawyers' Division

Changes to Holding Company Rules May Limit Holding Corporations' Ability to Claim ITCs

  • April 09, 2019
  • Alicia Malone, associate and senior manager at KPMG Law LLP

The GST/HST holding company rules have long been hotly contested between the CRA and GST/HST registrants. The changes proposed by the Department of Finance may help to provide some clarity to this area, however, the new property test for parent corporations will likely limit the application of these previously broad rules.

Student Forum, Taxation Law

Mulitiple Wills and Basket Clauses: A review of Re Milne Estate and Re Panda

  • April 09, 2019
  • Adam Giancola, Casey & Moss LLP

The issues raised in Re Milne were a source of much debate in the Estates and Trusts Bar in 2018. In this article, Adam Giancola reviews the recent Divisional Court decision which clarifies the validity of basket clauses used in multiple wills.

Student Forum, Trusts and Estates Law
The Art and Science of Mediating

The Art and Science of Mediating

  • April 09, 2019
  • Paul M. Iacono, Q.C.

In this article, mediator Paul M. Iacono, Q.C. provides his views for counsel on how best to select a mediator, prepare a mediation brief, prepare clients prior to mediation and advocate at mediation. He then summarizes techniques that mediators can use before and during mediations to increase chances of settlement.

Alternative Dispute Resolution, Student Forum
Tips for a Successful Mediation

Tips for a Successful Mediation

  • April 09, 2019
  • Stuart Rudner

This article contains a series of tips on how parties should approach mediation, based upon Stuart Rudner's attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as a mediator.

Alternative Dispute Resolution, Student Forum
Getting Past Impasse with Mediator Settlement Recommendations

Getting Past Impasse with Mediator Settlement Recommendations

  • April 08, 2019
  • Mitchell Rose, chartered mediator and settlement counsel, Stancer, Gossin, Rose LLP

Mediator Mitchell Rose describes his “no one gets hurt” approach to mediator settlement recommendations. He explains how his approach preserves party autonomy and bargaining power, while maximizing the chances of settlement.

Alternative Dispute Resolution, Student Forum