Articles 2023

Aujourdʼhui
Aujourdʼhui
How and When to Safeguard the Independence of the Expert

How and When to Safeguard the Independence of the Expert

  • 25 novembre 2021
  • Katherine L. Shadbolt

Katherine L. Shadbolt reviews the test for admissibility of expert evidence as set out by the SCC in White Burgess, discusses four significant Ontario cases where expert evidence was not admitted, and provides practical tips on how Counsel can safeguard the independence of the expert.

Droit de la famille, Student Forum

Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

  • 24 novembre 2021
  • Daniel Daniele and Bryant Oakes, Norton Rose Fulbright Canada LLP

The market for Non-Fungible Tokens (NFTs) has exploded over the last year. Although this is an exciting new area for business, it is riddled with potential legal issues that must be properly understood by those who wish to operate in the marketplace. One of these issues pertains to the application of copyright laws to NFTs. Depending on the copyright ownership structure surrounding a given NFT, its use in the course of business may open the door to lawsuits rather than profits.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Lloyd v Google: UK Supreme Court holds that England’s representative rule can be used to craft a class action

  • 24 novembre 2021
  • Suzanne Chiodo, assistant professor, Western Law,

The UK Supreme Court just released its long-awaited judgment in Lloyd v Google, deciding whether England’s representative action rule can be used for the purposes of a class action. The UK Supreme Court’s interpretation of the representative rule is more revolutionary than appearances would suggest.

Droit des recours collectifs, Student Forum

20th Annual Charter Conference in Review

  • 18 novembre 2021
  • Salman Rana

The 20th Annual Charter of Rights and Freedoms Conference hosted by the Constitutional Civil Liberties and Human Rights (“CCLHR”) Section of the Ontario Bar Association (“OBA”) took place on October 5, 2021 via webcast. This article summarizes the Conference’s Year in Review presentation, the four panel discussions, and the Keynote Address.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

OBA Annual Update on Judicial Review: A Discussion with Justice David Stratas and Professor Paul Daly

  • 15 novembre 2021
  • Alexander J. Pease

In this year’s Annual Update on Judicial Review, held on October 18, 2021, the Honourable Justice David Stratas, Federal Court of Appeal, and Professor Paul Daly, University of Ottawa, discussed recent cases and developments in the administrative law jurisprudence across Canada. The event was chaired by Dina Awad and Jillian Siskind of the OBA Administrative Law Section Executive. This summary of the lively discussion is categorized into six themes, following the structure and flow of the event.

Droit administratif, Student Forum
Picture of a individuals neck with a tattoo of They Them

What’s in a Pronoun? Two human rights tribunals find that misgendering in the workplace amounts to discrimination in employment

  • 14 novembre 2021
  • Giovanna Di Sauro (she/her), Tamara J. Sylvester (one/they/them) and Nicky Kim (she/her)

This article summarizes two recent Human Rights Tribunal decisions that, for the first time, considered the issue of misgendering of gender non-conforming employees in the workplace as well as their employers' failure to address their complaints of discrimination seriously or at all. In addition to highlighting the Tribunals' key findings, the article also provides practical tips for organizations in light of these decisions.

Orientation et identité sexuelles, Student Forum

Welcome from the Chair and Vice-Chair

  • 14 novembre 2021
  • Mana Khami and Chloe Snider

An introduction to the Ontario Bar Association's ADR programming for the 2021-2022 year.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
OSFI Updates on Cyber Security Incident Reporting

OSFI Updates on Cyber Security Incident Reporting

  • 14 novembre 2021
  • Elif Babaoglu

The Office of the Superintendent of Financial Institutions (OSFI) is an independent agency of the Government of Canada that contributes to the safety and soundness of the Canadian Financial system by regulating and monitoring federally regulated financial institutions (FRFIs). Recently, OSFI released updated requirements regarding the cyber security incident reporting requirements expected of FRFIs.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Stuart Rudner, Rudner Law

Breaking the Impasse: Getting a Deal Done at Mediation

  • 14 novembre 2021
  • Stuart Rudner, Rudner Law

Sometimes parties travel a great distance to bridge the gap in their positions, only to find that the final step toward settlement is the biggest hurdle of all. "Splitting the difference" is not usually a viable strategy, so don't simply engage in offers and counter-offers without proper forethought. Working strategically with your mediator and considering creative approaches such as a Mediator's Proposal, Final Offer Selection, or mediation-arbitration (med-arb) will help get the deal done.

Droit du travail et de l’emploi, Student Forum