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
Tips for a Successful Mediation

Tips for a Successful Mediation

  • March 10, 2020
  • Stuart Rudner, Rudner Law

This article contains a series of tips on how parties should approach mediation, based upon my attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as mediator.

Labour and Employment Law, Student Forum
Tax Implications and Settling your Employment Matter

Tax Implications and Settling your Employment Matter

  • March 09, 2020
  • Jennifer Emmans, Emmans Law Professional Corporation

This article addresses whether there is any opportunity to maximize the available settlement dollars in an employment dispute by lawfully utilizing taxation categories.

Labour and Employment Law, Student Forum

A Caution to Insurers on Defensible Programs

  • March 09, 2020
  • Christine M. Galea, Dolden Wallace Folick LLP,

Insurers should be aware of the recent costs decision in Przyk v. Hamilton Retirement Group Ltd. This case sets an adverse precedent to insurers that employ strict policies against paying out modest claims, categorized as defensible, prior to trial. Even if the insurer succeeds at trial on the merits, the court may award no costs to that insurer.

Insurance Law, Student Forum

Seeing the Silver Linings on the Cloud of “Failed” Mediations

  • March 04, 2020
  • Megan Keenberg

Often parties describe a mediation process that does not result in a settlement as a failure. Focussing on the money spent preparing for the mediation, and for the Mediator’s fees, and on the time diverted from the litigation process, parties are typically blind to the myriad benefits of the mediation process itself, separate and apart from any resolution that may arise from it. Here are the top 10 benefits to the mediation process.

Alternative Dispute Resolution, Student Forum

12 Mediation Advocacy Tips

  • March 04, 2020
  • Mitchell Rose

Twelve mediation advocacy tips for Ontario lawyers.

Alternative Dispute Resolution, Student Forum

Court of Appeal Summaries (February 24 – 28, 2020)

  • March 04, 2020
  • John Poloyzogopoulos

Curiously, there was only one substantive civil decision of the Court of Appeal this week. In Nolet v Fischer, the Court of Appeal applied the principle of statutory interpretation expressio unius est exclusio alternius (to express one thing is to exclude another) in determining that the Occupiers’ Liability Act does not preclude one occupier of a premises from having a duty of care towards another occupier of the same premises.

Civil Litigation, Student Forum

A Recap of "Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute

  • March 04, 2020
  • Carina Lentsch

On February 4, 2020, the OBA Health Law Section collaborated with the Constitutional, Civil Liberties and Human Rights Law Section in hosting “Key Constitutional and Human Rights in Health Law & Practice” at the OBA Institute. This article recaps some of the highlights of the event.

Constitutional, Civil Liberties and Human Rights Law, Health Law, Student Forum

How to Rock a Networking Coffee

  • March 04, 2020
  • Krista Kais-Prial, lawyer at Israel Foulon LLP

Coffee chats are standard fare for job seekers, networkers, and those looking to give back, After spending a few years on both sides of the coffee chat table, this author has five tips for those looking to rock their next one.

Student Forum, Young Lawyers' Division

Rejection, a Stepping Stone

  • March 04, 2020
  • Rand Salih

The path to become a lawyer and practice law can be difficult. Both current and aspiring lawyers can expect to experience rejection, but it does not define who we are. Rejection can be re-purposed as a stepping-stone for growth.

Student Forum, Young Lawyers' Division