Articles

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

Editor: Yoann Emian

Today
Today

Contracts in the Court of Appeal: Right Decision – Using “Good Faith” in Lieu of Hard Line

  • May 22, 2018
  • Roselyn Kelada-Sedra, Sabsay Lawyers

Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.

Civil Litigation, Labour and Employment Law, Student Forum

Ontario Court of Appeal Summaries (May 13- May 18)

  • May 22, 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Civil Litigation, Criminal Justice, Insurance Law and 1 more..., Student Forum

Federal Government Moves to Ban Asbestos

  • May 22, 2018
  • OIiver Moore and Jean Piette, Norton Rose Fulbright Canada LLP

The Canadian government's ban on asbestos and asbestos-containing products will apply to the use, manufacture, import and export of any product containing asbestos, with the goal being to eventually reduce the rate of asbestos-related diseases. Here, the authors review the proposed Prohibition of Asbestos and Asbestos Products Regulations, which are expected to come into force as of 2019.

Environmental Law, Student Forum

Approaches to Inclusive Education in Ontario at OBA Institute

  • May 18, 2018
  • Jean-Frédéric (J-F) Hübsch

On February 7, 2018, the OBA Education Law Section held a panel discussion entitled "Education for All Students: Diversity and Inclusion in Education” as part of OBA Institute 2018. The panel brought together government, education and legal professionals to discuss how education professionals can help ensure schools are inclusive places for all students.

Education Law, Student Forum
What Would Churchill Do?

What Would Churchill Do?

  • May 18, 2018
  • Edward Olkovich

Creative abstraction can enable problem-solvers to move beyond stated positions and assumptions by using more than just the power of logic and persuasion as the primary means of conflict resolution in order to uncover the underlying interests, fears and concerns of the parties.

Alternative Dispute Resolution, Insolvency Law, Student Forum

Mastering Workplace Investigations: Strategies and Pitfalls

  • May 17, 2018
  • Jon Pinkus M.A., J.D. Associate, Samfiru Tumarkin LLP

An overview of important tips on how to conduct an effective workplace investigation and common pitfalls to avoid.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Justice is served: The Human Rights Tribunal of Ontario sends a strong message that there is no room for sexual assault and harassment in the workplace

  • May 17, 2018
  • Tavlin Kaur

When it comes to sexual harassment and assault in the workplace, the discussion often centres around seeking accountability against the perpetrator through criminal and civil processes. However, in the more recent years, the Human Rights Tribunal of Ontario has become an increasingly effective forum for victims to be heard and have their experiences validated and appropriately compensated.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

A Rule of Inconvenience?

  • May 16, 2018
  • Anna Alizadeh, de VRIES LITIGATION LLP

When administering an estate, one should be mindful of the dual effects of the executor’s year and the rule of convenience. This article discusses the recent Ontario Court of Appeal case of Rivard v Morris and when an interest payment of five per cent per year on specific bequests may be payable from the residue of the estate.

Trusts and Estates Law, Student Forum

Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where are we now?

  • May 15, 2018
  • Kirsten Mikadze and Paula Lombardi

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time period. There was speculation at the time of the decision’s release about its impact upon environmental prosecutions. Here, we survey some of the most salient points from decisions that have emerged over the past 1-1/2 years.

Environmental Law, Student Forum