Articles 2023

The 5 Ws of preparing for mediation. A great reference when preparing your clients for mediation.

A review of a recent HRTO decision, in which an applicant's forum choice resulted in her inability to proceed at both the Tribunal and in court. The decision underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.

Summaries of the civil decisions of the Court of Appeal for Ontario for the past week. Topics covered include wrongful dismissal, custody/relocation, equalization of net family property, charging orders under the Solicitors Act, and rental vehicle insurance coverage.

The Ontario Court of Appeal in CM Callow Inc. v Zollinger, 2018 ONCA 896 (“Callow”) recently rendered a decision that could have important consequences for parties seeking to terminate commercial agreements. Specifically, Callow may have significant ramifications for the law of good faith in Ontario, and in particular with respect to the duty of honest performance first recognized in Bhasin v Hrynew, 2014 SCC 71.

In 2020, the Supreme Court will decide whether the federal government has jurisdiction to price carbon under the GGPA. If upheld, the GGPPA will layer over a complex patchwork of provincial regulation and policy. Even if struck down, the federal government will probably retain some role in GHG regulation. While both federal and provincial governments likely have a say in GHG regulations, questions about the allocation of authority and the form regulations will take have yet to be answered.

Sports and entertainment lawyer Layth Gafoor discusses the proliferation of content-streaming services giving Netflix a potential run for its money, plus how this new digital landscape is radically changing the dealmaking process with execs and lawyers scrambling to adapt.