Articles

Aujourdʼhui
Aujourdʼhui

Artificial Intelligence in the Legal Profession and the Increasing Value of Junior Lawyers

  • 29 novembre 2019
  • Bettina Xue Griffin, legal associate at Blue J Legal

The idea of smart robots walking and talking amongst us, capable of performing our daily tasks without complaint, and (perhaps more importantly) without any concept of labour rights or sleep, is so sensational that it leads to a misunderstanding of what AI is and what it is capable of. In this article, the author provides an overview of AI and how it will continue to impact junior lawyers’ legal practices over years to come.

Student Forum, Young Lawyers' Division

Preparing Your Client for Mediation

  • 29 novembre 2019
  • Christine Kilby

The 5 Ws of preparing for mediation. A great reference when preparing your clients for mediation.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Human Rights Application Substantially Similar to Civil Action Seeking Damages for Alleged Workplace Harassment Dismissed on Jurisdictional Grounds

  • 29 novembre 2019
  • Giovanna Di Sauro

A review of a recent HRTO decision, in which an applicant's forum choice resulted in her inability to proceed at both the Tribunal and in court. The decision underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

Blaney's Appeals: Court of Appeal Summaries (November 18 – 22, 2019)

  • 28 novembre 2019
  • John Polyzogopoulos

Summaries of the civil decisions of the Court of Appeal for Ontario for the past week. Topics covered include wrongful dismissal, custody/relocation, equalization of net family property, charging orders under the Solicitors Act, and rental vehicle insurance coverage.

Litige civil, Student Forum
This is What a Lawyer Looks Like: Meet Caryma Sa'd

This is What a Lawyer Looks Like: Meet Caryma Sa'd

  • 28 novembre 2019
  • Nabila Khan, Section Newsletter Editor

The face of law is changing. In an effort to highlight the diverse range of individuals working across the legal landscape, we are pleased to present our new series, This is What a Lawyer Looks Like. The goal of this series is to put racialized and indigenous women lawyers in the spotlight and amplify their voices in the conversation about gender equality. In this instalment: meet Caryma Sa'd, lawyer and access to justice trailblazer.

Forum des avocates, Student Forum
Employer Flexibility Does Not Modify the Employment Contract

Employer Flexibility Does Not Modify the Employment Contract

  • 27 novembre 2019
  • Justin P’ng, Fasken Martineau DuMoulin LLP

It is a fact of life. Employees sometimes need flexibility to start or leave work at different times than originally agreed with their employer. Sometimes this is because of child care issues. A recent appellate decision, Peternel v. Custom Granite & Marble Ltd., confirms that employer flexibility in granting occasional requests does not always modify the underlying employment contract.

Droit du travail et de l’emploi, Student Forum
Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

  • 27 novembre 2019
  • Barry B. Fisher LL.B.

In Groves v. UTS Consultants Inc., 2019 ONSC 5605, the Ontario Superior Court of Justice held that a termination clause, which was found to contract out of the Ontario Employment Standards Act, 2000 (the ESA), could not be read to comply with the ESA despite containing a "saving clause."

Droit du travail et de l’emploi, Student Forum

CM Callow Inc. v Zollinger: The Relevance of Good Faith in Terminating Construction Contracts

  • 27 novembre 2019
  • Bruce Reynolds and Nicholas Reynolds, Singleton Urquhart Reynolds Vogel LLP

The Ontario Court of Appeal in CM Callow Inc. v Zollinger, 2018 ONCA 896 (“Callow”) recently rendered a decision that could have important consequences for parties seeking to terminate commercial agreements. Specifically, Callow may have significant ramifications for the law of good faith in Ontario, and in particular with respect to the duty of honest performance first recognized in Bhasin v Hrynew, 2014 SCC 71.

Droit de la construction et infrastructure, Student Forum

The Liberals Hold On - But Is Carbon Pricing Out Of The Woods?

  • 25 novembre 2019
  • Liane Langstaff and Chris Hummel

In 2020, the Supreme Court will decide whether the federal government has jurisdiction to price carbon under the GGPA. If upheld, the GGPPA will layer over a complex patchwork of provincial regulation and policy. Even if struck down, the federal government will probably retain some role in GHG regulation. While both federal and provincial governments likely have a say in GHG regulations, questions about the allocation of authority and the form regulations will take have yet to be answered.

Droit de l’environnement, Student Forum