Articles 2025

Aujourdʼhui
Aujourdʼhui

Seeing the Silver Linings on the Cloud of “Failed” Mediations

  • 04 mars 2020
  • Megan Keenberg

Often parties describe a mediation process that does not result in a settlement as a failure. Focussing on the money spent preparing for the mediation, and for the Mediator’s fees, and on the time diverted from the litigation process, parties are typically blind to the myriad benefits of the mediation process itself, separate and apart from any resolution that may arise from it. Here are the top 10 benefits to the mediation process.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

12 Mediation Advocacy Tips

  • 04 mars 2020
  • Michell Rose

Twelve mediation advocacy tips for Ontario lawyers.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Court of Appeal Summaries (February 24 – 28, 2020)

  • 04 mars 2020
  • John Poloyzogopoulos

Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.

Litige civil, Student Forum

How to Rock a Networking Coffee

  • 04 mars 2020
  • Krista Kais-Prial, lawyer at Israel Foulon LLP

Coffee chats are standard fare for job seekers, networkers, and those looking to give back, After spending a few years on both sides of the coffee chat table, this author has five tips for those looking to rock their next one.

Student Forum, Young Lawyers' Division

Rejection, a Stepping Stone

  • 04 mars 2020
  • Rand Salih

The path to become a lawyer and practice law can be difficult. Both current and aspiring lawyers can expect to experience rejection, but it does not define who we are. Rejection can be re-purposed as a stepping-stone for growth.

Student Forum, Young Lawyers' Division

Updates to the Canada Elections Act: Impact on Non-Profits and Charities

  • 03 mars 2020
  • Susan M. Manwaring and Gwenyth Stadig, Miller Thomson LLP

Recent amendments to the Canada Elections Act (the “Elections Act”) came into force and effect on June 13, 2019. This article summarizes these significant changes and how they impact non-profit organizations and registered charities.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Copyright No Plaything: Celebrity Tattoos in Video Games

  • 03 mars 2020
  • Tara Parker

Since copyright laws generally grant the owners of artistic works the sole right to control the use and reproduction of their works in all media (subject to some limited exceptions), any unauthorized use or reproduction of a celebrity’s tattoo in an e-sports game (e.g., NBA 2K20), movie (e.g., The Hangover), or other media may result in a copyright infringement claim — not to mention a trademark, publicity or personality rights claim, depending on the circumstances.

Droit du divertissement, de l'information et des télécommunications, Student Forum

Brown Bag Lunch – January 14, 2020

  • 03 mars 2020
  • Rebecca Rauws, associate, and Tony Ma, articling student, Hull & Hull LLP,

A summary of the topics discussed at the January meeting of the OBA's Brown Bag Lunch program, or "BBL." Discussion covered planning-related topics such as ODSP limits, lifetime benefit trusts, and the prudent investor rule, as well as litigation issues such as bank policies around multiple attorneys acting under a joint POA, and the court's process when a Notice of Objection to a Certificate of Appointment of Estate Trustee has been filed.

Student Forum, Droit des fiducies et des successions
Kira Domratchev

Is an RESP a Trust? .... And So What If It Is?

  • 03 mars 2020
  • Kira Domratchev, Hull & Hull LLP

Is an RESP a trust? The answer, this author discovers, depends on the context, and maybe the province. This article aims to cut through the confusion by going back to first principles, applying them to the unique ownership features of an RESP, and then considering how the case law compares.

Student Forum, Droit des fiducies et des successions