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
a group of golfers gathers around golf carts at course to begin day of golfing

Golf Day and CPD on Liquidated Damages: A New Era of Reasonableness

  • November 14, 2022
  • Brad Halfin and Edward Lynde

An exciting update on the Ontario Bar Association (OBA) Construction & Infrastructure Law Section Golf Day held on September 30, 2022 as well as the continuing professional development session that followed.

Construction and Infrastructure Law, Student Forum
Head-shot photo of co-author Joe Figliomeni, JD

Standard of Care in Conducting General Reviews of Construction

  • November 14, 2022
  • Yasser Korany, PhD, PEng, PE, LEED AP, PMP and Joe Figliomeni, JD

General reviews are a critical component of many construction projects. Professionals engaged to carry out a general review must observe sufficient aspects of the construction to enable verification that the work has been completed with approved plans. Failure to do so, may have negative consequences for the reviewing professional.

Construction and Infrastructure Law, Student Forum
Photo of author Sahil Shoor

Availability of Bond Rescission Shakes the Construction Industry

  • November 10, 2022
  • Sahil Shoor, Jeramie Gallichan, and Fabiola Alvarez

The Gowling WLG Waterloo construction team reviews the latest Ontario Court of Appeal decision of Urban Mechanical Contracting Ltd v Zurich, which creates significant implications for the bonding sector of the construction industry.

Construction and Infrastructure Law, Student Forum
photo of author

Buying and Selling of a Business – An Overview

  • November 08, 2022
  • Ola Oshodi (ACIS)

The purchase and sale of a business mirrors the laws of contract in terms of its elements, however, there are more aspects to be considered. The purpose of this article is to give the reader a general overview of the process involved in buying and selling a business, and it is in no way exhaustive of the intricacies involved in buying and selling a business.

Business Law, Student Forum

Gucci’s Loss is Parodys’ Gain: CUGGL found not similar to GUCCI

  • November 07, 2022
  • Pankhuri Malik, Osgoode LLM graduate, IPilogue writer and IP Innovation Clinic Fellow

Last month, Gucci found itself on the losing side of a trademark battle in Japan. The Italian luxury goods company had been in an ongoing dispute with the brand Parodys, owned by Nobuaki Korukawa. Kurokawa makes t-shirts with parodies of famous brands like Chanel, Balenciaga, Adidas and of course, Gucci.

Student Forum, Information Technology and Intellectual Property Law

Deepfakes: Whose Personality is it Anyway?

  • November 07, 2022
  • Christopher Tsuji

Hollywood-esque special effects that allow anyone to become any person with the click of a few buttons: this is the reality of deepfakes. Deepfakes are a form of technology that uses artificial intelligence (“AI”) to allow a person to impersonate someone else’s appearance and voice. A person only needs a phone or a computer, and an image or video of the desired target.

Entertainment, Media and Communications Law, Student Forum, Information Technology and Intellectual Property Law

Assessing Patentable Subject Matter: A (Potential) New Framework

  • November 07, 2022
  • Steffi Tran, Deeth Williams Wall LLP

In recent years, the CIPO has received criticism for its approach in claim construction, particularly in the context of assessing the patentability of computer-implemented inventions. It has been especially difficult for patent applications involving computer-implemented inventions to overcome CIPO’s “problem-solution” approach, as CIPO examiners have generally deemed computer elements as non-essential, often resulting in the rejection of such inventions on grounds of ineligible subject matter.

Student Forum, Information Technology and Intellectual Property Law

Get to Know Your Execs in Five Minutes (or less) – Part II

  • November 07, 2022
  • Yonida Koukio

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executive to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments!

Student Forum, Information Technology and Intellectual Property Law