Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

“Above and Beyond the Call of Duty”: Honorarium Payments to Representative Plaintiffs in Class Proceedings

  • November 20, 2020
  • Ranjan Agarwal and Tim Heneghan, Bennett Jones

In Makris v. Endo International PLC, Justice Glustein approved a settlement of the class action but rejected the request for an honorarium payment to the representative plaintiff. He noted that honorarium payments were “exceptional” and “rarely done,” and available only when a representative plaintiff had “gone well above and beyond the call of duty,"

Class Actions, Student Forum

Can Class Member Opt Out After Opt-Out Deadline if no Actual Notice?

  • November 20, 2020
  • Nancy Sarmento Barkhordari

The significance of the Court of Appeal's decision in 3113736 Canada v Cozy Corner transcends issues of actual versus adequate notice, and leaves open the question of when, or whether a class member who does not wish to be bound by a class action can bring a motion to opt out of the class proceeding on the basis of lack of notice, and the test to be applied in those circumstances.

Class Actions, Student Forum

Matthews v. Ocean Nutrition: Where Do Compensation Plans Go from Here?

  • November 19, 2020
  • Jacqueline Lund and Curtis Armstrong

This article, originally published on Practical Law Canada, reviews the October 2020 decision of the Supreme Court of Canada in Matthews v. Ocean Nutrition Canada Ltd. This case is now the leading Canadian decision on the enforceability of contractual limits to an employee’s right to wrongful dismissal damages for loss of incentive payments.

Business Law, Student Forum

Tran v. Bloorston Farms Ltd.: The Limitation of Foss v. Harbottle

  • November 19, 2020
  • Jackie Tmej

The rule in Foss v. Harbottle (1843), 67 E.R. 189 (U.K.H.L.) stipulates that a shareholder of a corporation does not have a personal cause of action for a wrong done to the corporation. The recent appeal by Bloorston Farms Ltd. of the ruling by the Superior Court of Justice in favour of Sang Thi Tran was dismissed by the Ontario Court of Appeal, which assessed the well-established rule in Foss v. Harbottle and its limitations and rationale.

Business Law, Student Forum

Gifts of Private Company Preferred Shares to Registered Charities

  • November 19, 2020
  • Brittany Sud, Miller Thomson LLP

This article reviews how donating preferred shares to a registered charity may be a tax efficient option for transferring wealth, but charities should conduct due diligence prior to acceptance.

Charity and Not-For-Profit Law, Student Forum
Emilia Coto, Founder and Lawyer, Sisu Legal

Women, Tech, and Law - Tips to Consider

  • November 19, 2020
  • Emilia Coto, Founder and Lawyer, Sisu Legal

Pandemic circumstances intensify inequalities related to gender, and other factors such as economic status, race, culture, language, and other intersecting elements of our identities. This article will discuss some technologies lawyers can consider adding to their practice to increase flexibility and efficiency in the practice of law, particularly at a time when the demands on our time appear to be greater than ever.

Women Lawyers Forum, Student Forum

Lawyering and Regulating During a Global Pandemic

  • November 18, 2020
  • Michael Rusek, senior legal counsel, Ontario Motor Vehicle Industry Council (OMVIC)

Even though we have yet to emerge from the pandemic, we have already learned (or in some cases, relearned) a number of lessons of critical importance to any in-house legal team. Here are some thoughts by Michael Rusek, senior legal counsel at OMVIC, regarding 'lawyering' and regulating during a global pandemic.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Thoughts on Building Diversity In Your Workplace

  • November 18, 2020
  • Adrian Ishak, senior corporate counsel (director), global labour and employment at Salesforce

These are certainly challenging times. A reckoning by many accounts. Lawyers are not immune to these turning tides. As in-house counsel, we have witnessed firsthand the impacts of the recent social upheavals, first as a result of the pandemic and then, over the summer, due to the growing call to address racial inequalities, first in the US and then across the globe.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum