Articles 2023

For newly called lawyers moving from non–firm articling to practicing at a firm, the transition can be a big one. Having made this leap, from articling as a clerk to working in both a small and medium–sized firm, the author provides some reflections on a few of the aspect of day-to-day practice that can look very different in a firm as opposed to other types of practice.

In 2020, the landmark case of Waksdale v Swegon North America Inc. caused a ripple effect in the validity of termination provisions throughout Ontario.. This article considers the importance of this case for employers when negotiating employment contracts.

As the pandemic continues to change everyday life, the commercial leasing landscape has changed along with it. However, some things that have not changed are the key provisions that must be included in a commercial lease This Article looks at some of these provisions that must be included to have an enforceable lease.

The recent decision of Justice Brown in Prism Resources Inc. v. Detour Gold Corporation, 2022 ONCA 4, discusses the foundational role of written advocacy in appeals, illustrates the many legitimate reasons why an appellant might want to file a reply factum, and offers an excellent viewpoint for an automatic right to file a brief reply.

In November 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v. Horrocks. The decision upholds the status quo established in Agraira v. Canada (Public Safety and Emergency Preparedness) (an earlier Supreme Court decision) regarding the applicable appellate standard of review when the first instance court is tasked with determining the applicable standard of review.

Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of January 24-28, 2022.

Mandate letters issued by the Prime Minister include direction to introduce amendments to the ITA that would make certain organizations ineligible for charitable status. It remains to be seen what amendments may be introduced, but the proposal is concerning as it specifically targets an existing segment of the sector and it could have unintended long-term consequences for all charities. Any proposed amendments therefore need to be carefully monitored.