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

Nevsun and the Canadian Mining Experience

  • May 31, 2019
  • Naomi Sayers

This article explores the responsibilities of Canadian mining companies operating in a global context after the Supreme Court of Canada heard a case in early 2019. Plaintiffs allege Nevsun Resources Ltd. is liable for the actions of its subsidiary in Africa. One issue is whether British Columbia, Nevsun’s corporate jurisdiction, lacked subject matter competence in respect of the claim. The author agrees with the lower courts that British Columbia should hear the case.

Aboriginal Law, Student Forum

Employee or Franchisee (Independent Contractor)? Definitive guidance from the Supreme Court of Canada

  • May 31, 2019
  • David N. Kornhauser (corporate counsel) and Izak C. Rosenfeld (articling student), Macdonald Sager Manis LLP,

In a recent decision of the Supreme Court of Canada, the analysis of whether an individual is considered an employee or independent contractor is given a thorough review, and brings into question the interplay of previous cases that have considered the nature of this relationship in a franchise context.

Franchise Law, Student Forum

In Praise of the Honourable Justice Clement Gascon

  • May 31, 2019
  • Heather Douglas, lawyer at AMR Barristers and Solicitors LLP

The Honourable Justice Clement Gascon recently made headlines with his brief disappearance and public message about his past struggles with mental illness. Heather Douglas writes about Justice Gascon's bravery, among other lawyers' stories, and the importance of open dialogue on lawyers' mental health.

Student Forum, Young Lawyers' Division

Raw Reflections on My Year as Chair of the OBA YLD (Central)

  • May 31, 2019
  • Dana Lue, associate lawyer at Ricketts Harris LLP

Chair (2018-2019) of the Ontario Bar Association's (OBA) Young Lawyers Division (YLD) (Central), Dana Lue reflects on her year and provides seven tips for others seeking to take on leadership roles in the OBA and other professional organizations in 2019-2020.

Student Forum, Young Lawyers' Division

Tips for Lawyers Delegating to Articling Students

  • May 31, 2019
  • Elana Friedman, articling student at Norton Rose Fulbright (Canada) LLP

Read this article full of tips and best practices for delegating work to articling students, to ensure that your work is completed in a timely, efficient, and high-quality manner during the upcoming 2019-2020 articling term.

Student Forum, Young Lawyers' Division

Legal Aid Funding Cuts

  • May 22, 2019
  • Lisa Filgiano, Miller Thomson LLP

The Advocates Centre for the Elderly has issued an urgent message to its stakeholders requesting their support with respect to the recent cuts to Legal Aid Ontario by $133 million, retroactive to April 1, 2019, in the most recent provincial budget. Please continue reading for details on how you can provide your support to ACE and other organizations affected by the cuts.

Student Forum, Trusts and Estates Law