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

It's a Small World After All: Obtaining Evidence from Persons Outside Ontario

  • June 01, 2019
  • Marie-Andrée Vermette, partner, Weir Foulds LLP,

In this global marketplace, where business across borders has become commonplace, in litigation it is to be expected that some parties or key witnesses may reside outside Ontario. In this article the author describes the tools available to obtain evidence outside Ontario, and the criteria that apply to each of them.

Civil Litigation, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (May 21 – 24, 2019)

  • June 01, 2019
  • John Polyzogopoulos

Topics covered for this week’s civil decisions of the Court of Appeal for Ontario included annulling a bankruptcy where the bankrupt was not really insolvent and appeared only to try to avoid paying on a judgment, damages for breach of an agreement of purchase and sale of land, discoverability of a claim for negligent tax advice (“appropriate means”), and amending pleadings.

Civil Litigation, Environmental Law, Student Forum

Brown Bag Lunch – May 14, 2019

  • June 01, 2019
  • Noah Weisberg and Chris Cieslik (articling student), Hull & Hull LLP

Highlights from the May 14, 2019 Brown Bag Lunch, including a discussion on the recent Court of Appeal decision in Quaggiotto v. Quaggiotto, the taxation of power of attorney fees and estate administration issues.

Student Forum, Trusts and Estates Law

The Canada Business Corporations Act - Practice Advisory

  • May 31, 2019
  • H.J. Blake, QC LLM, and Lee Abraham, JD, Beard Winter LLP,

Bill C-86, the Budget Implementation Act, 2018, No. 2, SC 2018, c 27, received Royal Assent on December 13, 2018, and provides for certain amendments to the Canada Business Corporations Act (“CBCA”), which will come into force on June 13, 2019.

Natural Resources and Energy Law, Student Forum

Nevsun and the Canadian Mining Experience

  • May 31, 2019
  • Naomi Sayers

This article explores the responsibilities of Canadian mining companies operating in a global context after the Supreme Court of Canada heard a case in early 2019. Plaintiffs allege Nevsun Resources Ltd. is liable for the actions of its subsidiary in Africa. One issue is whether British Columbia, Nevsun’s corporate jurisdiction, lacked subject matter competence in respect of the claim. The author agrees with the lower courts that British Columbia should hear the case.

Aboriginal Law, Student Forum

Employee or Franchisee (Independent Contractor)? Definitive guidance from the Supreme Court of Canada

  • May 31, 2019
  • David N. Kornhauser (corporate counsel) and Izak C. Rosenfeld (articling student), Macdonald Sager Manis LLP,

In a recent decision of the Supreme Court of Canada, the analysis of whether an individual is considered an employee or independent contractor is given a thorough review, and brings into question the interplay of previous cases that have considered the nature of this relationship in a franchise context.

Franchise Law, Student Forum

In Praise of the Honourable Justice Clement Gascon

  • May 31, 2019
  • Heather Douglas, lawyer at AMR Barristers and Solicitors LLP

The Honourable Justice Clement Gascon recently made headlines with his brief disappearance and public message about his past struggles with mental illness. Heather Douglas writes about Justice Gascon's bravery, among other lawyers' stories, and the importance of open dialogue on lawyers' mental health.

Student Forum, Young Lawyers' Division

Raw Reflections on My Year as Chair of the OBA YLD (Central)

  • May 31, 2019
  • Dana Lue, associate lawyer at Ricketts Harris LLP

Chair (2018-2019) of the Ontario Bar Association's (OBA) Young Lawyers Division (YLD) (Central), Dana Lue reflects on her year and provides seven tips for others seeking to take on leadership roles in the OBA and other professional organizations in 2019-2020.

Student Forum, Young Lawyers' Division