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

Non-Competition Clauses in Employment Contracts

  • September 16, 2019
  • Andrea Sanche and Farhad Shekib, lawyers at Ricketts Harris LLP

Non-competition clauses in employment contracts present a conflict between two long-standing common law principles: discouraging restraints on trade and respecting freedom of contract. To make the terms enforceable, employers need to ensure they are drafted carefully, clearly and as narrowly as possible. Employees should similarly take caution before agreeing to a non-compete provision. Read on for more insight on non-solicitation clauses to assist your clients in the future.

Student Forum, Young Lawyers' Division
To Adjudicate or Not?  The New Adjudication Regime is Just Around the Corner

To Adjudicate or Not? The New Adjudication Regime is Just Around the Corner

  • September 16, 2019
  • Nora Kharouba, Fasken Martineau DuMoulin, LLP

The long-awaited introduction of the interim adjudication regime under Ontario’s Construction Act (“Adjudication Regime”) is just around the corner. The first of its kind in Canada, the Adjudication Regime takes effect on October 1, 2019, and promises to bring efficiency and timeliness to the resolution of disputes in the construction industry.

Construction and Infrastructure Law, Student Forum

Reflections on Defeat and the Value of Experience

  • September 13, 2019
  • Jonah Waxman, Lawrence, Lawrence, Stevenson LLP

Losing is a part of litigation. A big part. The adage goes that a lawyer who wins 100 per cent of their cases is a lawyer doing their other clients a disservice by not pushing the difficult matters to trial. Read on for insights from Jonah Waxman on the value of experience that comes from defeat.

Student Forum, Young Lawyers' Division

Two Cups of Tea: 1.9 Million Risk Statelessness in India

  • September 12, 2019
  • Tahir Khorasanee, Wakelin & Associates

In an interview with Tahir Khorasanee, Mr. Syed Zulfiqar Bukhari, an entrepreneur who is presently Special Assistant to the Prime Minister of Pakistan for Overseas Pakistanis & Human Resource Development and Chairman of the National Tourism Coordination Board (NTCB) and the Pakistan Tourism Board, brings attention to a humanitarian crisis in India that risks depriving more than a million people of statehood.

Student Forum, Young Lawyers' Division

Case Comment: Blake v. Blake, 2019 ONSC 4062

  • September 04, 2019
  • Katherine Thornton, Glaholt LLP,

Blake v. Blake is an important cautionary tale for all lawyers: read all of the articles that your firm publishes. A judge may make a factual inference that you know about the case your firm wrote about, especially if you practice in a specialized firm.

Construction and Infrastructure Law, Student Forum
Copyright Law and Memes

Copyright Law and Memes

  • August 22, 2019
  • Fatima Anjum

How are internet memes likely to be treated under the Canadian Copyright Act?

Student Forum, Information Technology and Intellectual Property Law