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

Ontario Court of Appeal Summaries (May 22 - 25)

  • May 28, 2018
  • John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal of Ontario, including Yaiguaje v Chevron Corporation, in which it appears that the Court has finally put an end to the matter; and Beatty v Wei, in which the Court set aside the application judge’s interpretation of the Illegal Substances Clause commonly used as an additional term in the Ontario Real Estate Association/Toronto Real Estate Board standard form Agreement of Purchase and Sale.

Civil Litigation, Real Property Law, Student Forum

Court Refuses to Approve Class Action Settlement Despite Approval in Other Provinces

  • May 28, 2018
  • Amanda M. Quayle, McDougall Gauley LLP

Multi-jurisdictional class actions in Canada continue to create problems for parties and the courts. Recently, the problems associated with multi-jurisdictional class actions resulted in the scuttling of a national class action settlement involving the prescription drugs OxyContin and OxyNeo. Despite three other courts approving the settlement in their respective jurisdictions, the Saskatchewan court in Perdikaris v Purdue Pharma Inc., refused to approve the same settlement.

Class Actions, Student Forum
The Ideal Lawyer – 21st Century Redux

The Ideal Lawyer – 21st Century Redux

  • May 28, 2018
  • Craig A. Brannagan

One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.

Alternative Dispute Resolution, Criminal Justice, Taxation Law and 1 more..., Student Forum

The dangerous fentanyl drug problem: a mens rea issue

  • May 24, 2018
  • Alan D. Gold, Laura J. Metcalfe, and Alex I. Palamarek

Is fentanyl skewing the sentencing process? Alan Gold and his associates reflect on the punitive implications of the fentanyl scourge.

Criminal Justice, Student Forum

Brown Bag Lunch - May 2018

  • May 23, 2018
  • Noah Weisberg, Associate, Hull & Hull LLP, Brennan Caldwell, Summer Student, Hull & Hull LLP,

The May BBL discussion included delays in getting probate, mutual funds gifted to charities, jointly held, second-to-die life insurance policies, the use of hotchpot clauses in certain situations, and compensation for Attorneys for Property.

Student Forum, Trusts and Estates Law

Frank: A Departure from Figueroa

  • May 23, 2018
  • Saba Ahmad

In March, the Supreme Court of Canada heard an appeal of the Ontario Court of Appeal’s decision in Frank v Canada. This article argues that the Ontario Court of Appeal’s decision is inconsistent with the Supreme Court’s holding in Figueroa v Canada.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Contracts in the Court of Appeal: Right Decision – Using “Good Faith” in Lieu of Hard Line

  • May 22, 2018
  • Roselyn Kelada-Sedra, Sabsay Lawyers

Would you rather count on “good faith” from your boss or know what can lose you your job and what can’t? Sabsay Lawyers recently won a favourable decision at the ON Court of Appeal in the area of contract law, right on the verge of employment law, that brings this question to the forefront.

Civil Litigation, Labour and Employment Law, Student Forum