Articles 2023

This article is about the unintended impact Horowitz v. Nightingale (2017) may have had in terms of dispute resolution clauses in separation agreements - specifically arbitration provisions.

This article provides a brief update on the much anticipated forthcoming amendments to the Canadian Environmental Protection Act.

This article provides critical insights into understanding and managing limitation periods in environmental law with an in-depth look at key cases in this area.

This article provides a helpful overview of amendments to the Pest Control Products Regulations that were published in the Canada Gazette Part II on December 7, 2022. The amendments are intended to clarify regulatory requirements for treated articles and establish criteria for authorizing certain treated articles, formally exempt certain antimicrobials used in products regulated under certain Acts and replace the requirements for declarations by importer of control products.

Gain international legal experience with an overseas organization. Check!

In this interview with ChatGPT, an AI language model trained by OpenAI, we explore the role of AI in Canadian franchise law. ChatGPT tells us what it knows about franchise law and practice. We also discuss the potential benefits and risks of using AI in legal practice, and how lawyers can best utilize ChatGPT. Finally, we get a glimpse of ChatGPT's sense of humour when it's asked to name this article.

In this trial decision, the Court considers whether asking a franchisee to sign a new franchise agreement amounts to a "grant" of a franchise, such that a franchisor cannot rely on the Wishart Act's disclosure exemption provisions. The Court also weighs in on the impact that unsubstantiated fraud, perjury, and collusion allegations, and the needless lengthening of trial time, will have on trial costs.

This trial decision trio of rescission cases provides new insights into the law around disclosure exemptions, the effect of having prospective franchisees sign a "generic" franchise agreement, addresses whether a franchisee can rescind a previously terminated franchise agreement, and discusses the law around franchisor's associates.