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

Case Summary: Tucci v. Peoples Trust Co., 2023 BCSC 2004

  • March 25, 2024
  • Jonathan Schachter and Lisa Mancuso

This article reviews a decision declining to strike claims in a databreach class action, including claims based on risk of future harm and pure economic loss.

Class Actions, Student Forum

Case Summary: Del Giudice v. Thompson

  • March 25, 2024
  • Valérie Lord & Thuvaaraga Kuganathan

On January 31, 2024, the Ontario Court of Appeal upheld Justice Perell’s decision in Del Giudice v. Thompson, 2024 ONCA 70, maintaining the stringent approach established in recent years for “hacker” data breach cases.

Class Actions, Student Forum

"Emerging and Key Legal Issues in Sports" CPD Recap

  • March 20, 2024
  • Samantha F. Glass

I attended the "Emerging and Key Legal Issues in Sports" CPD hosted by the Entertainment, Media, and Communications Law Section on February 13, 2024. There was a multitude of topics discussed by a skilled panel of speakers. The first part of the event was a peek into the journeys of those on the panel into the area of sports law and how they were able to build it into their practice.

Entertainment, Media and Communications Law, Student Forum

Negotiating Name, Image and Likeness in Sports

  • March 20, 2024
  • Kayley C. Leon

While Name, Image and Likeness rights are not new forms of athlete compensation, these rights have gained a newfound appreciation due to recent college-level rule changes in the United States. The following provides a high-level overview of NIL rights and recent developments in the area.

Entertainment, Media and Communications Law, Student Forum

Parents, Schools and Children's Rights: Session Recap

  • March 12, 2024
  • Brittany Ross-Fichtner

On February 27, 2024, the University of Ottawa’s Interdisciplinary Research Laboratory on the Rights of the Child (IRLRC) held an informative and engaging virtual program titled, “Parents, Schools and Children's Rights.”

Public Sector Lawyers, Student Forum

Court of Appeal Rejects All Sums Approach to Long-Tail Claims

  • March 06, 2024
  • Murray Stieber and Avi Sharabi

So-called “long-tail claims”, i.e. claims where the alleged damage spans a number of years, pose various coverage challenges for insurers and policyholders. On February 27, 2024, the Ontario Court of Appeal released its decision in Loblaw Companies Limited v. Royal & Sun Alliance Insurance Company of Canada, 2024 ONCA 145 (CanLII) (“Loblaw”), where it tried to bring some clarity to some of the material coverage issues that arise with these types of claims.

Insurance Law, Student Forum
head-shot photo of Robin Seligman

Breaking Barriers: Celebrating International Women's Day

  • March 05, 2024
  • Aqsa Nadeem, Newsletter Editor, OBA Citizenship & Immigration Law Section

In honour of International Women's Day, we highlight the inspiring journey of Ms. Robin Seligman. From overcoming barriers to advocating for her clients, she shares her experiences and triumphs throughout the year. This article celebrates her resilience, dedication, and contribution to the field of law while shining a spotlight on the importance of supporting and empowering women in legal practice.

Citizenship and Immigration Law, Student Forum
head-shot photo of author Mitchell Rose

Wrongful Dismissal & ADR: 2023 Caselaw in Review

  • March 05, 2024
  • Mitchell Rose, LL.B., C. Med, Q. Arb

Court backlogs worsened in 2023 thereby significantly delaying wrongful dismissal actions. While ADR processes help to reduce backlogs, Ontario does not have province-wide mandatory mediation, and most arbitration is a result of contractual termination clauses that can be challenged. One way to encourage voluntary mediation is for courts to penalize parties for failure to participate. So, how did our Courts fare in 2023 in promoting mediation and arbitration in wrongful dismissal matters?

Labour and Employment Law, Student Forum