Articles 2024

A significant problem facing many Indigenous Peoples is the lack of an effective enforcement mechanism for Indigenous laws, which can render them ineffectual. On October 15, 2020, the OBA’s Aboriginal Law Section hosted a program on “Critical Issues in the Enforcement of Indigenous Laws,” chaired by R. Martin Bayer and Naomi Sayers, that explored the various challenges that prevent the enforceability of Indigenous laws as well as opportunities to overcome these hurdles.

This edition of the Insider is titled 'Who knew?". Articles by Marc Kestenberg and Kevin Schoenfeldt of Kestenberg Siegal Lipkus LLP, Jacqueline King and Matilda Lici of Shibley Righton LLP, and Cameron Fiske of Milosevic Fiske LLP, share little known practice points that could be a lifesaver on your next file. Enjoy!

Examinations for Discovery are a fundamental step in litigation. A party is entitled to examine a corporate representative with knowledge of the events at issue. As Jacqueline L. King and Matilda Lici of Shibley Righton LLP explain, it may not be so simple.

Beware of Rule 49 offers that may remain open even though they may have been rejected or there has been a counteroffer. Marc Kestenberg and Kevin Schoenfeldt of Kestenberg Siegal Lipkus LLP explain how Rule 49 offers derogate from common law rules of contract.

In this article, Cameron Fiske discusses the surprising result that plaintiffs cannot add LawPRO to professional liability claims as a party, thus potentially preventing recovery for meritorious claims where the defendant lawyer has been denied coverage or has failed to report the claim.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of October 26, 2020.

Recently, the Court of Justice of the European Union (CJEU) released the long-anticipated Schrems II decision, which invalidated the EU-U.S. Privacy Shield mechanism that over 5000 U.S. businesses have relied on for purposes of transferring and processing data from the EU to the U.S.

Accelerated digitization of the financial industry coupled with upcoming regulatory changes means privacy and cybersecurity issues will continue to be forefront issues that financial institutions will grapple with. Outlined below are five key privacy and cybersecurity issues organizations within the financial sector should be focusing on.