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

Re-Cap of CCLHR & Elder Law CPD Program: Emergency Measures and the Impact on Older Adults and People with Disabilities

  • June 16, 2020
  • Deina Warren

On April 22, 2020 as part of the OBA’s Priority PD program the Constitutional, Civil Liberties and Human Rights law section joined with the Elder Law section to address key issues related to emergency measures for older adults, people with disabilities, and the lawyers who represent them. This article provides an overview of that program.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

  • June 16, 2020
  • Niveda Anandan, Osler, Hoskin & Harcourt LLP

The “duty to Google” is not a novel obligation imposed upon lawyers when considered in the context of practitioner competence. The term serves as simple reminder to lawyers of their responsibility to make use of information that is publicly and easily available.

Labour and Employment Law, Student Forum
Raising the Bar While Flattening the Curve: How Predictive Analytics are Supporting COVID-Era Employment Law Practices

Raising the Bar While Flattening the Curve: How Predictive Analytics are Supporting COVID-Era Employment Law Practices

  • June 16, 2020
  • Andrew Monkhouse, Monkhouse Law, Kim Condon, Blue J Legal

If we’ve learned one thing in recent months, it is the power of data. Statistical modeling revealed the importance of social distancing to “flatten the curve”. Now that restrictions are starting to ease, data is being used to guide decisions about when to resume normal activities.

Labour and Employment Law, Student Forum
Monitoring Employees: Practical Lessons from R v Jarvis

Monitoring Employees: Practical Lessons from R v Jarvis

  • June 16, 2020
  • Laura J. Freitag & Madeline A. Davis, Filion Wakely Thorup Angeletti LLP

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.

Labour and Employment Law, Student Forum
Apps to Assist the Labour and Employment Lawyer

Apps to Assist the Labour and Employment Lawyer

  • June 16, 2020
  • Jessica Fay and Janeta Zurakowski, Filion Wakely Thorup Angeletti LLP

The year is 2020. A global health pandemic hits. The courts and tribunals close. Lawyers almost universally start working remotely. But, the practice of labour and employment law must go on as both employees and employers continue to require legal advice, perhaps now more than ever. In this unique climate, how does a labour and employment lawyer manage a demanding practice? Well, there’s likely an “app” (or six!) for that.

Labour and Employment Law, Student Forum

How Do Mandatory Arbitration Clauses Work? Three Introductory Issues

  • June 16, 2020
  • Matthew Gordon

Mandatory arbitration clauses are becoming increasingly common in commercial contracts, from large-scale purchase and sale agreements to independent contractor consulting contracts, to consumer contracts (such as cellphone contracts). Three of the key aspects of a mandatory arbitration clause are the scope of the contract, the arbitrator selection, and the arbitration procedure. This article discusses all three.

Alternative Dispute Resolution, Student Forum

Intellectual Property (IP) Best Practices in the Time of COVID-19

  • June 16, 2020
  • Isi Caulder, Bereskin & Parr LLP

The global impact of COVID is spurring efforts to find solutions and innovative Canadian technology companies need to take stock of their intellectual property (IP), be aware of common pitfalls and take steps to proactively adopt some key best practices to survive and thrive.

Student Forum, Information Technology and Intellectual Property Law
Susan Toth

Q&A with Susan Toth, 2020 OBA Award for Excellence in the Promotion of Women's Equality Recipient

  • June 10, 2020

Susan Toth, Lawyer and Partner at Polishuk, Camman & Steele, is being honoured this year with the OBA Award for Excellence in the Promotion of Women's Equality for her outstanding leadership and contributions to the promotion of equality rights in Canadian society. Gain a glimpse of what inspires her and how she is making a difference in the battle for equality in this candid Q&A.

Women Lawyers Forum, Student Forum