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
The Art and Science of Mediating

The Art and Science of Mediating

  • April 09, 2019
  • Paul M. Iacono, Q.C.

In this article, mediator Paul M. Iacono, Q.C. provides his views for counsel on how best to select a mediator, prepare a mediation brief, prepare clients prior to mediation and advocate at mediation. He then summarizes techniques that mediators can use before and during mediations to increase chances of settlement.

Alternative Dispute Resolution, Student Forum
Tips for a Successful Mediation

Tips for a Successful Mediation

  • April 09, 2019
  • Stuart Rudner

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

Alternative Dispute Resolution, Student Forum
Getting Past Impasse with Mediator Settlement Recommendations

Getting Past Impasse with Mediator Settlement Recommendations

  • April 08, 2019
  • Mitchell Rose, chartered mediator and settlement counsel, Stancer, Gossin, Rose LLP

Mediator Mitchell Rose describes his “no one gets hurt” approach to mediator settlement recommendations. He explains how his approach preserves party autonomy and bargaining power, while maximizing the chances of settlement.

Alternative Dispute Resolution, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (April 1 – 5, 2019)

  • April 08, 2019
  • John Polyzogopoulos

In College of Optometrists of Ontario v. Essilor Group Inc, the Court addressed the scope of provincial legislative authority in respect of regulating out-of-province eyewear retailers. Other topics covered this week included summary judgment in a breach of contract case, assessments of solicitors’ accounts, and willful blindness in the context of a fraud claim.

Civil Litigation, Student Forum

Heads Up! What to Look Out For With the Principal Residence Exemption

  • April 02, 2019
  • Caroline Elias

This paper surveys a host of potential issues that can arise when a taxpayer disposes of their principal residence following the 2016 amendments to the Income Tax Act. Starting with an overview of the current legislative rules, the paper then goes on to highlight problems including having a non-resident owner, Trusts and principal properties, and dual Canadian-US citizens selling their principal residence in Canada.

Student Forum, Taxation Law

Top Child and Youth Law Stories from 2018

  • March 30, 2019
  • Shmuel Stern

There were a large number of Child and Youth Law court decisions and news stories in 2018. We’ve compiled this list to highlight the growing recognition of the many legal issues directly affecting children and the list for 2019 is already well along its way.

Child and Youth Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (March 25 – 29, 2019)

  • March 30, 2019
  • John Polyzogopoulos

There were only four substantive civil decisions released. In two of them, the Court continued to provide guidance on the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.Other topics covered this week include contractual interpretation and costs.

Civil Litigation, Student Forum

Corporations Beware – Where Is Your Updated Land “Ownership” Register?

  • March 30, 2019
  • H.J. (Jim) Blake, Q.C., Beard Winter LLP,

The Business Corporations Act of Ontario (“OBCA”) currently requires corporations to prepare and maintain corporate books and records. However, corporations incorporated or continued under the OBCA need to be aware of new onerous amendments to the OBCA which quietly came into force on December 10, 2016.

Natural Resources and Energy Law, Student Forum