Articles 2024

Today
Today
Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

  • November 27, 2019
  • Barry B. Fisher LL.B.

In Groves v. UTS Consultants Inc., 2019 ONSC 5605, the Ontario Superior Court of Justice held that a termination clause, which was found to contract out of the Ontario Employment Standards Act, 2000 (the ESA), could not be read to comply with the ESA despite containing a "saving clause."

Labour and Employment Law, Student Forum

CM Callow Inc. v Zollinger: The Relevance of Good Faith in Terminating Construction Contracts

  • November 27, 2019
  • Bruce Reynolds and Nicholas Reynolds, Singleton Urquhart Reynolds Vogel LLP

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.

Construction and Infrastructure Law, Student Forum

The Liberals Hold On - But Is Carbon Pricing Out Of The Woods?

  • November 25, 2019
  • Liane Langstaff and Chris Hummel

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.

Environmental Law, Student Forum

Streaming Wars: The Legal Impact of a Rapidly Changing Television Industry

  • November 21, 2019
  • Layth Gafoor, Managing Partner, Lucentem Sports & Entertainment Law

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.

Entertainment, Media and Communications Law, Student Forum

“Help Me Help You” - The Non-Linear Path to Entertainment Law

  • November 21, 2019
  • Pooja Sihra

In case you missed it, the Ontario Bar Association’s Entertainment, Media and Communications Law Section recently hosted a mentoring event called “Help Me Help You” for new and aspiring lawyers. Pooja Sihra offers three key takeaways.

Entertainment, Media and Communications Law, Student Forum

Delay in Youth Court Proceedings: R v K.J.M. 2019 SCC 55

  • November 20, 2019
  • Brock Jones

The Supreme Court of Canada has ruled that the Jordan framework for assessing whether or not an accused person has been tried within a reasonable time applies to young persons.

Child and Youth Law, Student Forum

Ethics, Civility and Professional Responsibility in the Courtroom, Mediation and Beyond - 2018

  • November 15, 2019
  • Ayushi Kiran, articling student, Crown Law Office - Civil

This article gives an overview of the CPD program conducted by the Insurance Law Section in 2018 which was well received and is returning on November 22, 2019. This program contains a total of 3 hours of Professionalism content and it qualifies for LAWPRO Risk Management Credit.

Insurance Law, Student Forum

Blaney's Appeals: Court of Appeal Summaries (November 4 – 8 2019)

  • November 14, 2019
  • John Polyzogopoulos

Congratulations to Blaney's Chad Kopach for successfully acting in First National Financial GP Corporation v. Golden Dragon HO 10 Inc. The case involved a motion by a receiver for directions in respect of the debtors’ appeal of a sales approval and vesting order. The sale and vesting order were preserved.

Civil Litigation, Student Forum