Articles

Aujourdʼhui
Aujourdʼhui

The Case Has Settled: Who Should Draft the Minutes of Settlement?

  • 03 juillet 2021
  • Bernard Morrow

When the parties have settled, it appears as though the case is over and everyone can go home. However, the terms contained in the minutes of settlement are crucial to understanding the parties' agreement and any obligations going forward. The need for counsel to draft minutes of settlement reflecting the parties' agreement remains as important as ever in these challenging times.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Aquadis Case Comment: Extending the Reach of the Super Monitor

  • 30 juin 2021
  • Alexander Overton, Western University Faculty of Law, recipient of the Michael MacNaughton Student Writing Award for Insolvency Law

The role played by the CCAA monitor in assisting the court as it shepherds along a corporate restructuring has evolved significantly over time. While still acting as the eyes of the court and standing apart from any particular stakeholder, recent developments in insolvency law have seen the monitor take on an increasingly active part in proceedings. The decision of the Québec Court of Appeal in Aquadis affirmed another such expansion of the monitor’s powers.

Droit de l’insolvabilité, Student Forum

2019 CCAA Amendments and their Impact on First-Day Relief

  • 30 juin 2021
  • Namrata Bhagia

The purpose of this article is to determine the practical implications of the CCAA amendments on timeline of initial stay order and first-day relief. In doing so, the initial orders in Clover Leaf Holdings Company, Re, Lydian International Limited (Re), and Laurentian University of Sudbury will be briefly analysed and compared.

Droit de l’insolvabilité, Student Forum

The Separation of Statutes: The Effects of Bankruptcy on Spouses

  • 30 juin 2021
  • Nadine Saba

In this paper, the author argues that legislative reform is necessary to ease the impact of the treatment of divorcing spouses as unsecured creditors in a bankruptcy. Nadine Saba first provides an overview of the bankruptcy and family legislation, with a discussion of the seminal case law. She then discusses the feminization of poverty, and concludes with suggestions for legislative changes.

Droit de l’insolvabilité, Student Forum
There Is Much to Be Learned From Trans Rights

There Is Much to Be Learned From Trans Rights

  • 29 juin 2021
  • Angela Ogang, Newsletter Editor, Young Lawyers Division (Central)

I recently had an amazing conversation with Nicki Ward, an advocate and activist who has been very active in the trans community for well over 20 years and who is well versed in the types of issues I wanted to explore as we wind down on Pride Month 2021. We talked about human rights, the Toronto Trans March, self-awareness, and how we can expand as human beings into a space that is ultimately better for our society as a whole. I hope you find this conversation just as refreshing as I did. 

Student Forum, Young Lawyers' Division

Covid-19 Vaccine Passports: A Joint Statement from Canada’s Privacy Commissioners

  • 29 juin 2021
  • Amanda Branch and Prudence Etkin

On May 19th, 2021 Canada’s Federal, Provincial and Territorial Privacy Commissioners released a joint statement on the privacy implications of Covid-19 vaccine passports. Vaccine passports may offer substantial public benefits; however, in exchange for access to these benefits, individuals will be required to disclose personal health information. As a result, the Commissioners emphasize the importance of addressing privacy considerations from the outset.

Droit de la protection de la vie privée, Student Forum
Jaime Cardy

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • 29 juin 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Droit de la protection de la vie privée, Student Forum

Cross-Canada Virtual Care Licensure Requirements and Best Practices

  • 28 juin 2021
  • Louise Sweatman, BScN, RN, MSc, LLB, Director of Health Law Policy and Legal Counsel for the Canadian Medical Association, and Christine Laviolette, BHSc, JD, Senior Associate, BLG,, with special thanks to BLG student Courtney Po for her research assistance

Virtual care has allowed Canadians more convenient and faster access to health care providers during the COVID-19 pandemic. For health care providers who with to practice virtual care across provinces and territories licensing challenges remain. This article summarizes licensing requirements for physicians practising virtual care across provincial or territorial borders, as well as tips and best practices for regulated health professionals.

Droit relatif à la santé, Student Forum

Forum Selection Clauses and Jurisdictional Challenges in British Columbia: The Case of Canstar

  • 28 juin 2021
  • Rory McGovern

A recent British Columbia Supreme Court decision provided the Court the first opportunity to interpret and apply certain sections of the relatively recently enacted BC Franchises Act. This article details the analysis and precedential value of the decision for the scope and application of s. 12 of the BC Act, as well as outlining the Court's in depth consideration of defining the franchise relationship.

Droit des franchises, Student Forum
R. Martin Bayer

Anishinaabemda Paaneh (“Let’s Always Use Our Language”)

  • 28 juin 2021
  • Patricia Hania, Ph.D., and R. Martin Bayer, ,

Patricia Hania interviews R. Martin Bayer on Anishinaabemda Paaneh (“Let’s Always Use Our Language”). All translation provided by language speaker, R. Martin Bayer.

Droit autochtone, Student Forum