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

My *Legal* Bucket List

  • April 04, 2023
  • Sabrina Clark

Gain international legal experience with an overseas organization. Check!

International Law, Student Forum
photo of author Tina Daschuk

YLIP Experience: Journey of Openness

  • April 04, 2023
  • Tina Daschuk

Rather than following the traditional path of articling or clerking right after law school, I participated in the Young Lawyers International Program (YLIP) because I could meaningfully contribute to human rights initiatives and learn about different parts of the world. Although I did not know much about South Africa beyond apartheid, Nelson Mandela, and the 2010 FIFA World Cup, I chose to work on land reform and women’s rights with the Legal Resources Centre based in Durban.

International Law, Student Forum
photo of author Tina Daschuk

What Women’s Land and Property Rights Look Like Around the World

  • April 04, 2023
  • Tina Daschuk

The United Nations recognizes women’s land rights as a human right. The ability women have to access and own land contributes to empowerment, development, sustainability and democracy for a nation. Yet many women around the world have been denied land, property, and housing rights. Less than 20% of women in the world are landholders. As part of my experience with the CBA Young Lawyers International Program, I analyzed women’s land rights in over 15 countries and noticed similar trends.

International Law, Student Forum

Chatting it Up with ChatGPT: Franchise Law Insights from an AI Language Model

  • April 03, 2023
  • Adrienne Boudreau, ChatGPT

In this interview with ChatGPT, an AI language model trained by OpenAI, we explore the role of AI in Canadian franchise law. ChatGPT tells us what it knows about franchise law and practice. We also discuss the potential benefits and risks of using AI in legal practice, and how lawyers can best utilize ChatGPT. Finally, we get a glimpse of ChatGPT's sense of humour when it's asked to name this article.

Franchise Law, Student Forum

Don't Wing It When It Comes to Disclosure... or a Trial: Case Comment on Jayasena

  • April 03, 2023
  • Jonathan Mesiano-Crookston, with thanks to Sara Fahmi for her assistance

In this trial decision, the Court considers whether asking a franchisee to sign a new franchise agreement amounts to a "grant" of a franchise, such that a franchisor cannot rely on the Wishart Act's disclosure exemption provisions. The Court also weighs in on the impact that unsubstantiated fraud, perjury, and collusion allegations, and the needless lengthening of trial time, will have on trial costs.

Franchise Law, Student Forum

Of Paramount Importance

  • April 03, 2023
  • Lauren Baker

This trial decision trio of rescission cases provides new insights into the law around disclosure exemptions, the effect of having prospective franchisees sign a "generic" franchise agreement, addresses whether a franchisee can rescind a previously terminated franchise agreement, and discusses the law around franchisor's associates.

Franchise Law, Student Forum

Dispensing Justice: Spina v. Shoppers Drug Mart

  • April 03, 2023
  • Liisa Kaarid and Adil Abdulla

We've read and summarized all 864 paragraphs of the Spina v. Shoppers Drug Mart decision so that you don't have to! Learn the four key takeaways that every franchise lawyer should know from one of Canada's longest-running franchise class actions.

Franchise Law, Student Forum

“Acting Reasonably” in Contracts involving Municipal Discretion

  • March 31, 2023
  • Kailey Sutton, Patrick Pinho, and Shaniel Lewis (student-at-law), McMillan LLP

An examination of what it means when a contract with a municipality references acting reasonably, and how that can be balanced with municipal discretion, given the obligations and duties of municipalities.

Municipal Law, Student Forum

Challenging Restrictive Municipal Cannabis Regulation: Whose Jurisdiction is it anyway?

  • March 31, 2023
  • Michael Polowin and Kelly Duquette, Gowling WLG

The article examines cannabis regulation in Ontario from a federal, provincial and municipal perspective. The authors offer an interpretation of cases on point and limitations on municipal cannabis regulation powers (such as cultivation, production, and retail). This article may be of interest to legal representatives of municipalities and cannabis operators.

Municipal Law, Student Forum