Articles 2025

Aujourdʼhui
Aujourdʼhui

Expropriation Law: 2021 A Year In Review

  • 14 avril 2022
  • John S. Doherty, Gowling WLG, Roberto Aburto, Gowling WLG, Sahil Shoor, Gowling WLG, Carolina Campos, Gowling WLG, Tristan Neill, Gowling WLG

Gowling WLG 's Expropriation Law Group summarizes several complex and compelling expropriation cases from across Canada in 2021. The team highlights a number of important issues and key takeaways for those parties involved in the expropriation process. The court decisions are not listed in rank order.

Droit municipal, Student Forum

Refreshing Update to the Ontario Planning Act Now In Force

  • 14 avril 2022
  • Mark Giavedoni, Gowling WLG; Robert Jackson, Gowling WLG

On Jan. 1, 2022 amendments to the Ontario Planning Act were proclaimed. As a result of these amendments, a good number of unfortunate traps have been done away with. This article summarizes those amendments.

Droit municipal, Student Forum
Head shot photo of author Avery Lee

The First Trademark Application for a Hologram Filed in Canada by a Trademark Agent

  • 14 avril 2022
  • Avery Lee, Keyser Mason Ball, LLP

Avery Lee is a talented young IP lawyer and the very first Trademark Agent to file a trademark application for a hologram in Canada. While he recognizes that his hologram is not as impressive as the larger scale holograms displayed by projectors or viewed with special glasses, he hopes that his trademark application can serve as a building block for other applicants and Trademark Agents.

Student Forum, Young Lawyers' Division
Old-fashioned sepia ad with picture of car and slogan 'this is not your father's Oldsmobile'

Preparing a Kick-Ass Mediation Brief

  • 14 avril 2022
  • Stuart Rudner

The digital age has changed the capabilities of how a mediation brief can read, look and feel. In this article, Stuart Rudner outlines some key strategies advocates can use when presenting their cases for mediation, which is one of the - if not the most - major steps in employment and civil disputes.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

ESG as the Next Frontier in Privacy and Data Governance: Moving Beyond Regulatory Compliance

  • 11 avril 2022
  • Ronak Shah and George Boynton Payne

Ronak Shah and George Boynton Payne discuss a growing trend among organizations to include privacy and data governance metrics and disclosure as part of their environmental, social and governance (ESG) reporting framework, and highlight practical steps an organization can take to move beyond a traditional regulatory compliance approach to privacy and security.

Droit de la protection de la vie privée, Student Forum

The Standard of Review for Jurisdiction Decisions in International Commercial Arbitration – An Update on Recent Jurisdiction

  • 08 avril 2022
  • Chloe Snider and Karin Kazakevich

Ontario and BC courts have recently taken conflicting approaches to the standard of review of jurisdictional decisions in international commercial arbitration under the UNCITRAL Model Law. In this article, Chloe Snider and Karin Kazakevich explore this case law in detail, including the theoretical differences between the correctness standard and a hearing de novo.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

The Right of Family Members to Sue in Respect of a Workplace Fatality

  • 08 avril 2022
  • Cassandra Ma, Filion Wakely Thorup Angeletti LLP

It is well known that workers’ compensation benefits are in lieu of the accident-related damages that can be civilly claimed by a worker or their estate. What happens, however, to the rights of action held by family members who are not part of a deceased worker’s estate or dependents? Do these family members retain the right to commence civil litigation in respect of a work-related fatality?

Student Forum, Accidents de travail

Sending Documents to and Receiving Documents from the WSIAT Electronically

  • 07 avril 2022
  • Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal

Learn how the Workplace Safety and Insurance Appeals Tribunal (WSIAT) sends and receives documents electronically and where you can find more information on the WSIAT's E-Share and E-File services.

Student Forum, Accidents de travail

No Compensable Harm, No Class Action

  • 07 avril 2022
  • Ethan Schiff, Bennett Jones LLP

In Chow v Facebook, the BC Supreme Court joins several other courts in declining to certify class actions based on a lack of "compensable" harm. The Court held that deployment of judicial resources where there was no evidence of compensable harm "would be the antitheses of judicial economy and would not provide meaningful access to justice."

Droit des recours collectifs, Student Forum

Insurer Cannot Rely on Total Pollution Exclusion to Refuse Duty to Defend in Negligence Claim

  • 06 avril 2022
  • Beryl Meng

In Hemlow Estate v. Co-operators General Insurance Co, 2021 ONCA 908, the Ontario Court of Appeal held that the insurer had a duty to defend a claim relating to the negligence of the insured, which resulted in the insured’s own death and property damage at the location where he was working. The court affirmed that the Pollution Exclusion did not apply, as the claim was based in negligence and breach of contract, and not from the escape of a pollutant.

Droit des assurances, Student Forum