Articles

Aujourdʼhui
Aujourdʼhui

FCA Confirms CASL is Constitutional, but Limits Business Communications Exemption

  • 21 juin 2020
  • Molly Reynolds, Ronak Shah, Andrew Bernstein and Saambavi Mano

The Federal Court of Appeal recently dismissed an appeal against two CRTC decisions regarding enforcement actions under CASL. In addition to upholding the Commercial Electronic Message provisions as constitutional, the Court provided clarity on the “business-to-business” and conspicuous publication exemptions, as well as the unsubscribe mechanism requirements.

Droit de la protection de la vie privée, Student Forum

Court of Appeal Summaries (June 8 – 12, 2020)

  • 19 juin 2020
  • John Polyzogopoulos

Following are our summaries of last week’s civil decisions released by the Court of Appeal for Ontario. There were four substantive decisions, but quite a few very short ones.

Litige civil, Student Forum

At-Home Learning: Legal Considerations and Challenges for School Boards

  • 19 juin 2020
  • Sakshi Chadha and Shamim Fattahi, articling students, Keel Cottrelle LLP

The closure of Ontario's schools due to COVD-19 has raised a number of legal considerations. The unique circumstance of learning and working remotely marks a significant change in how school boards, students, schools and educators function. The OBA Education Law Section's recent CPD examined some of these legal considerations and challenges.

Droit relatif à l’éducation, Student Forum

Accommodation Issues in Post-Secondary Education

  • 19 juin 2020
  • Kevin Roche

Ontario's publicly-funded school boards have created a uniform and structured approach to identifying and accommodating students with exceptionalities, however, inconsistencies remain at the post-secondary level where students can be left feeling alone and dejected. Reasonable accommodation must be available at Ontario's post-secondary institutions as well to ensure equitable opportunities for students.

Droit relatif à l’éducation, Student Forum
Jon Wigley

Celebrating the Late Jonathan Wigley, OBA Murray Klein Award for Excellence in Insolvency Law Recipient

  • 18 juin 2020

The 2020 OBA Murray Klein Award for Excellence in Insolvency Law winner, Jon Wigley, a partner at Gardiner Roberts LLP, was a credit to the profession – a stellar lawyer, model of integrity and generous mentor. Sadly, Jon passed away before he could receive this honour. In this Q&A, two of Jon’s long-time friends and colleagues offer insight into why he was so highly regarded within the legal community and how his legacy will live on in those who benefitted from his sage advice and fine example.

Droit de l’insolvabilité, Student Forum

Re-Cap of CCLHR & Elder Law CPD Program: Emergency Measures and the Impact on Older Adults and People with Disabilities

  • 16 juin 2020
  • Deina Warren

On April 22, 2020 as part of the OBA’s Priority PD program the Constitutional, Civil Liberties and Human Rights law section joined with the Elder Law section to address key issues related to emergency measures for older adults, people with disabilities, and the lawyers who represent them. This article provides an overview of that program.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum
"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

  • 16 juin 2020
  • Niveda Anandan, Osler, Hoskin & Harcourt LLP

The “duty to Google” is not a novel obligation imposed upon lawyers when considered in the context of practitioner competence. The term serves as simple reminder to lawyers of their responsibility to make use of information that is publicly and easily available.

Droit du travail et de l’emploi, Student Forum
Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices

Raising the Bar While Flattening the Curve: How Predictive Analytics is Supporting COVID-Era Employment Law Practices

  • 16 juin 2020
  • Andrew Monkhouse, Monkhouse Law, Kim Condon, Blue J Legal

If we’ve learned one thing in recent months, it is the power of data. Statistical modeling revealed the importance of social distancing to “flatten the curve”. Now that restrictions are starting to ease, data is being used to guide decisions about when to resume normal activities.

Droit du travail et de l’emploi, Student Forum
Monitoring Employees: Practical Lessons from R v Jarvis

Monitoring Employees: Practical Lessons from R v Jarvis

  • 16 juin 2020
  • Laura J. Freitag & Madeline A. Davis, Filion Wakely Thorup Angeletti LLP

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.

Droit du travail et de l’emploi, Student Forum