Articles 2019

Navigating appeals to the Court of Appeal for Ontario (ONCA) can be a challenge for any lawyer. New lawyers navigating their first appeal to the ONCA are probably doubly stressed, particularly if they are working alone, and especially where the appeal is complicated by a motion to quash. In this article, Nancy Sarmento offers a fantastic ensemble of gems from the gurus of appellate advocacy.

For newly called lawyers moving from non–firm articling to practicing at a firm, the transition can be a big one. Having made this leap, from articling as a clerk to working in both a small and medium–sized firm, the author provides some reflections on a few of the aspect of day-to-day practice that can look very different in a firm as opposed to other types of practice.

In 2020, the landmark case of Waksdale v Swegon North America Inc. caused a ripple effect in the validity of termination provisions throughout Ontario.. This article considers the importance of this case for employers when negotiating employment contracts.

As the pandemic continues to change everyday life, the commercial leasing landscape has changed along with it. However, some things that have not changed are the key provisions that must be included in a commercial lease This Article looks at some of these provisions that must be included to have an enforceable lease.

The recent decision of Justice Brown in Prism Resources Inc. v. Detour Gold Corporation, 2022 ONCA 4, discusses the foundational role of written advocacy in appeals, illustrates the many legitimate reasons why an appellant might want to file a reply factum, and offers an excellent viewpoint for an automatic right to file a brief reply.

As a young lawyer trying to learn the ins and outs of practice, it can be difficult to stay on top of recent jurisprudential developments. This article provides four tips on how you can keep up with current case law and maintain the requisite level of competency to represent your clients.

As the highly-contagious Omicron variant sweeps across the province and COVID-19 immunization campaigns for children ramp up, two recent Ontario decisions—A.C. v. L.L., 2021 ONSC 6530 and Saint-Phard v. Saint-Phard, 2021 ONSC 6910—offer a glimpse of the legal trends emerging at this latest intersection of family law and health law.