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

Blaney's Appeals: Court of Appeal Summaries (February 3 – 7, 2020)

  • February 12, 2020
  • John Polyzogopoulos

Following are this week’s summaries of the Court of Appeal for Ontario. In Thistle v Schumilias, an insurer refused to pay out on a life insurance policy on the basis that the insured had failed to disclose a pre-existing medical condition. The respondent commenced an action against the insurance company and during that litigation became aware of the potential professional negligence of the insurance agent who sold the policy.

Civil Litigation, Student Forum
Cassandra Ma

A Retrospective on Workers’ Compensation Law in 2019

  • February 10, 2020
  • Cassandra Ma

2019 was yet another busy year for the Workplace Safety and Insurance Appeals Tribunal! This article covers some of the WSIAT's noteworthy cases from the last year, including its significant decisions in respect of chronic mental stress claims, the fatal claim premium adjustment, transfer of costs, and survivor benefits.

Student Forum, Workers' Compensation

The Cheshire Cat in Canadian Procurement Law: Contract A and B

  • February 10, 2020
  • Jeffrey Derman

The Cheshire Cat in Lewis Carroll’s “Alice in Wonderland” was famed for its mischievous grin, which lingered even after the body was gone. Perhaps Carroll was, anachronistically, inspired by that procurement law concept in Canada known as “Contract A” whose reason for being has long since vanished, but whose mischievous, if fading, form still exists in our public procurement law and practice.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum
Israel Foulon LLP

Coronavirus: Facts and Employer Considerations

  • February 10, 2020
  • Israel Foulon LLP

Israel Foulon LLP provides in-house counsel and employers with issues to consider in the wake of the coronavirus update and proactive measures for employers. This article provides a brief overview of what steps, if any, should be taken in consideration of legal obligations under employment standards, human rights, and occupational health and safety.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum
Nhi Huynh

WSIB 2020 Policy Agenda Summary – What’s on the Workplace Horizon?

  • February 07, 2020
  • Nhi Huynh

As the number of Ontario’s workers continues to grow, the WSIB heads into 2020 with continued commitment to providing transparent, accessible, and timely services. Along with the WSIB’s prioritization of service improvements, the WSIB 2020 Policy Agenda outlines process items that the WSIB will focus on over the next year.

Student Forum, Workers' Compensation

Understanding Cultural Sensitivities

  • February 05, 2020
  • Chief Kelly Larocca, Mississaugas of Scugog Island First Nation

The single most significant step a lawyer can take in serving the aboriginal community is to avoid assumption making. Particularly in aboriginal rights litigation, lawyers need to be mindful that each segment or individual in a community will have a story to tell much of which will be quite relevant. In this article, Chief Kelly Larocca, of the Mississaugas of Scugog Island First Nation, discusses considerations for practitioners when it comes to understanding cultural sensitivities.

Aboriginal Law, Student Forum

A Primer on Insolvency for Labour and Employment Lawyers

  • February 03, 2020
  • Danny Nunes, DLA Piper

This article provides a brief primer on some of the employment and labour law issues that come into consideration when a company is involved in insolvency proceedings.

Insolvency Law, Labour and Employment Law, Student Forum