Articles 2025

Aujourdʼhui
Aujourdʼhui

Terranata, the Standard Release and Implied Indemnity

  • 11 février 2021
  • Ivan Merrow

The recent case of Terranata Winston Churchill Inc. v. Teti Transport Ltd., et al., 2020 ONSC 7577 explores the meaning of a “standard” release in the context of multi-party and multi-action construction disputes. This decision also serves as a warning to settling parties—unconditionally agreeing to an undefined release may have unintended consequences.

Student Forum, Young Lawyers' Division

The Significant Impact of Waksdale on the Enforceability of Termination Provisions

  • 11 février 2021
  • Behzad Hassibi

In this article, Behzad Hassibi discusses the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc. This decision will have a significant impact on the enforceability of employment contracts, as many termination clauses that were previously enforceable may now be null and void.

Student Forum, Young Lawyers' Division
Harjot Atwal, Beard Winter LLP

Family Cottage: How it can cause conflict, give rise to litigation

  • 11 février 2021
  • Harjot Atwal, Beard Winter LLP

This is the first in a series of articles concerning legal issues and challenges that families may face due to their ownership of cottages. This article focuses on estate litigation driven by family conflicts.

Droit immobilier, Student Forum

Some Reflections on Some Recommendations

  • 11 février 2021
  • John Bartolomeo, lawyer and co-director, Workers' Health and Safety Legal Clinic

In this article, John Bartolomeo of the Workers' Health and Safety Legal Clinic shares his thoughts on two of 25 recent recommendations that resulted from an operational review of the Workplace Safety and Insurance Board, which include various amendments to the current appeals system.

Student Forum, Accidents de travail

Soft Law and Adjudicative Independence: Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), 2020 FCA 196

  • 11 février 2021
  • Michelle Alton and Rosemary Basa, WSIAT Tribunal Counsel Office

The following is a case summary of Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), a Federal Court of Appeal decision considering whether the use of Jurisprudential Guides, a form of "soft law" authorized under the Immigrant and Refugee Protection Act, improperly interferes with adjudicative independence.

Student Forum, Accidents de travail

Court of Appeal Summaries (February 1 – 5, 2021)

  • 06 février 2021
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 1, 2021. Please mark down April 27, 2021, from 5:30-7:45pm in your calendars for our fifth annual “Top Appeals” CLE, which will take place via Zoom. Justice Benjamin Zarnett will be co-chairing the event with myself and Chloe Snider of Dentons.

Litige civil, Student Forum

A Hometown Resolution

  • 06 février 2021
  • Zackery Shaver

Looking for a new years resolution? Read about Zackery Shaver's resolution to become more connected with his community.

Student Forum, Young Lawyers' Division

Mediation-Arbitration: A Better Way to Resolve Disputes?

  • 06 février 2021
  • Mana Khami and David Canton

In the wake of the 2020 and 2021 Ontario provincial emergency orders, parties and their lawyers have had to be increasingly creative in resolving disputes that may be delayed in getting to court. Mediation-arbitration (med-arb) allows parties to craft their own solutions, with resort to a final, binding decision that will clarify the case and their relationship.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

3 Tips If You Are Considering Changing Practice Areas

  • 06 février 2021
  • Ludmilla Jarda, lawyer at Nelligan Law

Not every lawyer wants to stay in the first practice area that they choose forever. If that sounds like you, check out these practical tips from Ludmilla Jarda.

Student Forum, Young Lawyers' Division