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

15(+) Questions in 5 Minutes with Brian Beamish

  • March 13, 2020
  • Jaime Cardy

Next up in her series of interviews with notable individuals in the privacy and access to information law space, Jaime Cardy chats with the outgoing Information and privacy commissioner of Ontario, Brian Beamish.

Privacy Law, Student Forum

Executive Profile Series - Sarah Fagan

  • March 13, 2020

Read a brief profile of Sarah Fagan, Past Chair of the OBA Citizenship and Immigration Section Executive.

Citizenship and Immigration Law, Student Forum
Nida Sohani

15 Questions in 15 Minutes with Kathy O'Brien

  • March 11, 2020
  • Nida Sohani

We sat down with a leading corporate health lawyer, and one of the founding partners of Dykeman O'Brien Health Law, Kathy O'Brien, to pick her brain about her legal journey and her advice to young health lawyers!

Health Law, Student Forum

Cutting off Franchisee's Supplies Leads to Award of Punitive Damages

  • March 10, 2020
  • Jonathan Messiano-Crookston and Alana Spira

In 0923063 B.C. Ltd. v. JM Food Services Ltd., 2019 BCSC 553, the court held that cutting franchisee's supplies off is breach of contract and of the duty to perform in good faith warranting punitive damages. This case update reports on the court's decision and analysis.

Franchise Law, Student Forum

New Rules for School: UAlberta Pro-Life v. Governors of the University of Alberta

  • March 10, 2020
  • Teagan Markin

In UAlberta Pro-Life v. Governors of the University of Alberta, the Alberta Court of Appeal held that a university's regulation of free expression on campus is a form of governmental action subject to Charter scrutiny. The decision sets a new precedent on the application of the Charter to university activities, applies the Doré test on a correctness standard of review, and considers the recent Vavilov decision of the Supreme Court of Canada. This article reviews this noteworthy decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
The Case for Mediating Small Wrongful Dismissal Claims

The Case for Mediating Small Wrongful Dismissal Claims

  • March 10, 2020
  • Mitchell Rose, Rose Dispute Resolution

This article makes the case for voluntary mediation of Small Claims Court employment disputes, or "Small Wrongful Dismissal Claims."

Labour and Employment Law, Student Forum
Tips for a Successful Mediation

Tips for a Successful Mediation

  • March 10, 2020
  • Stuart Rudner, Rudner Law

This article contains a series of tips on how parties should approach mediation, based upon my attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as mediator.

Labour and Employment Law, Student Forum
Tax Implications and Settling your Employment Matter

Tax Implications and Settling your Employment Matter

  • March 09, 2020
  • Jennifer Emmans, Emmans Law Professional Corporation

This article addresses whether there is any opportunity to maximize the available settlement dollars in an employment dispute by lawfully utilizing taxation categories.

Labour and Employment Law, Student Forum

A Caution to Insurers on Defensible Programs

  • March 09, 2020
  • Christine M. Galea, Dolden Wallace Folick LLP,

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

Insurance Law, Student Forum