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A Litigator and a Mediator Walk into a Bar...
Stuart Rudner and Alex Minkin | February 11, 2025
For most employment lawyers, mediation will be a far more common experience than trial. For most disputes, mediation is not a step on the road to trial—it is the main event. As a result, it is critical that lawyers prepare properly for mediation and take advantage of the opportunity. Alex, a litigator with Rudner Law, composed some questions that lawyers/litigators would like to hear a mediator (Stuart) answer. Below is our Q&A (which did not actually take place in a bar).
Learn moreFairness, Reasonableness and Charter Right Balancing in Trustee Code of Conduct Decisions
Anastasia Toma, Counsel at the Office of the Ontario Ombudsman. | February 06, 2025
One recent judicial review, Sloat v Grand Erie District School Board, 2024 ONSC 6209, offers a cautionary tale about the importance of protecting procedural rights and ensuring that decision-makers have a full understanding of the facts before rendering their decisions.
Learn moreLais Gomes | February 06, 2025
Nicole Bedford's documentary highlights the resilience of women facing tragedies like the École Polytechnique shooting and milestones in Canada’s gender equality, such as the 1929 Persons Case. Despite progress, violence against women is rising. The film stresses the impact on children and the need for trauma-informed legal practices. Breaking the cycle requires open conversations and lasting change.
Learn moreLearning from Auer v. Auer: Key Insights for Administrative Law
Julia Singer | February 06, 2025
I attended a program on Auer v. Auer, where experts discussed its impact on administrative law. The decision clarified how courts review regulations, building on previous cases like Vavilov and Katz. It helped me connect my coursework to real-world legal challenges, deepening my understanding of key concepts and their future applications.
Learn moreUS and Canadian Litigation on “Forever Chemicals” and the Uncertain Regulatory Frontiers on PFAS
Denisa Mertiri | February 04, 2025
The public has become increasingly aware of the potential dangers of widespread use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to human health and the environment. This has led to class actions in the United States and Canada as well as regulation of PFAS. However, Canada lags behind the US both in litigation and regulation. Developments in the US may foreshadow the future regulatory and litigation landscape for PFAS in Canada.
Learn moreTaking the Temperature on Climate Change Litigation and Remedies: Mathur v. Ontario, 2024 ONCA 762
Nikolas Koschany, Davies Howe LLP | February 04, 2025
In October 2024, the Ontario Court of Appeal released its decision for Mathur v. Ontario, 2024 ONCA 762. This article addresses some of the finer points in Mathur and discusses whether the remedies ultimately suggested by the Court of Appeal are appropriate in the face of climate emergencies.
Learn moreRuth Aruliah, Hull & Hull LLP | January 16, 2025
With over 7 million Canadians aged 65 and older, and one in four identifying as part of a racialized group, the importance of cultural competence for lawyers is growing. This article examines how cultural competence intersects with the nuances of providing legal services to an aging population and offers practical tips to enhance your cultural competence.
Learn moreCarina Reider, assistant town solicitor, Town of Innisfil | December 17, 2024
Community benefits charges (“CBC”) are a new funding tool authorized under s. 37 of Ontario’s Planning Act (the “Act”) that allow municipalities to impose a charge against higher density development to pay for capital costs related to developments and redevelopments. CBCs can only be levied against mid- to high-density buildings that are five or more storeys and contain 10 or more residential units.
Learn moreHow to Detect and Establish Fraudulent Conveyances in Family Law
Katherine Shadbolt | December 12, 2024
When it comes to suspected fraudulent conveyances, lawyers are often forced to become detectives, digging deep into where assets and funds may have been transferred and demonstrating a pattern of a payor spouse moving funds or selling assets, without a reasonable explanation, right around the time monies are coming due to the other spouse. Katherine Shadbolt shares the investigation techniques that should help you make your case.
Learn moreRepresenting Elderly Clients in Litigation
Aleida Prinzen, associate, Hull & Hull LLP | November 29, 2024
At a recent OBA Elder Law Section program on representing elderly clients in litigation, participants learned about navigating the complexities of representing elderly clients with a focus in estates, personal injury and employment law. Key takeaways included indicators to watch for when assessing a client’s capacity, tips for addressing frequent concerns or difficulties that can arise and how to address them, and understanding the difference between section 3 counsel and litigation guardians.
Learn moreUpdate to OBR Service Delivery Options and Company Key Requirements
Notice from the Ministry of Public and Business Service Delivery and Procurement | November 25, 2024
We are pleased to share that through the Ontario Business Registry (OBR), the Ministry of Public and Business Service Delivery and Procurement has made great strides to ensure there are a variety of convenient and secure service channel options available to Ontario businesses, Service Providers (1), and Intermediary Organizations (2). This notice is to inform you about our expanding service delivery options and the requirements of a Company Key to access the OBR system.
Learn moreThe Dangers of Dabbling In Franchise Law
November 08, 2024
Franchise Law is a trap for the unwary lawyer. The consequences of getting it wrong can be significant, not only to the public, the client, and to various individuals related to the client, but also for the lawyer. According to LawPRO’s most recent statistics the average dollar value of a negligence claim against lawyers in franchise matters was approximately five times the claim value in almost every other area of law.
Learn morePublic School Board: Balancing a Duty to Investigate with Employee Rights to Privacy
Vickie Do, articling student, York Catholic District School Board | November 08, 2024
Ontario public school boards may be liable where they fail to reasonably investigate human rights complaints or where their investigations violate privacy rights. School boards can limit their liability by providing clear policies outlining their investigation processes, restricting the collection of information, limiting access to information, and adapting their processes as new information arises. This ensures that complaints are reasonably addressed and privacy rights are respected.
Learn moreCase Summary: YRDSB v ETFO, 2024 SCC 22
Naomi Santesteban and Emily Elder, Filion Wakely Thorup Angeletti LLP | November 05, 2024
The Supreme Court of Canada recently held that Ontario public school boards are “inherently governmental” and thus subject to the Canadian Charter of Rights and Freedoms (“Charter”). As a result, the Court overturned an arbitrator’s decision regarding discipline imposed on two teachers because the arbitrator failed to conduct a Charter analysis. This case summary provides a brief overview and analysis of the decision, including the implications for school boards.
Learn moreChildren, Youth, and Climate Change: The Latest Decision in Mathur v. Ontario
Laura Pettigrew, member-at-large, OBA Child & Youth Law Section | November 04, 2024
In October 2024, the Ontario Court of Appeal allowed an appeal in Mathur v Ontario, an ongoing youth-led climate case. The Court found that the Province voluntarily assumed a positive statutory obligation to combat climate change, meaning its target and plan need to be Charter compliant. Although the Court allowed the appeal, it declined to decide the application and instead remitted the matter for a new hearing before the same or another justice of the Superior Court.
Learn moreKey Insights and Takeaways from Elder Law Day 2024
Alison Costa, associate, NIKA LAW LLP | November 04, 2024
On Thursday, June 20, 2024, the OBA Elder Law Section hosted its 2024 Elder Law Day which focused on addressing advanced issues in Elder Law. Participants came together to learn from experts in their field regarding the latest developments in the law and the current issues impacting our aging population.
Learn moreWhat Are You Doing for National Child Day?
Jean-Frédéric Hübsch, newsletter editor, Child & Youth Law Section | October 25, 2024
A quick tour of ways to celebrate National Child Day and World Children's Day on November 20. Child Day is an opportunity to learn more about children's rights and, in 2024, to commemorate the 35th anniversary of the ratification of the Convention on the Rights of the Child.
Learn moreCase Commentary: ASP v. Health Professions Appeal and Review Board 2024 ONSC 438
October 25, 2024
On August 7th, 2024, the Divisional Court of the Ontario Superior Court of Justice released an important decision affirming the rights of children with capacity to make decisions about their own health care under Ontario’s Health Care Consent Act, 1996. This decision marks a pivotal moment in the province’s recognition of capable children’s indisputable right to consent to medical treatments.
Learn moreRecent Amendments to the Conservation Authorities Act and Regulations
Kristi M. Ross, partner, Aird and Berlis LLP | October 25, 2024
On April 1, 2024, significant amendments to the Conservation Authorities Act (the “CA Act”) and a new regulation under the Act, came into effect. This new regulation, Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, ( “O. Reg. 41/24”), revoked and replaced the 36 individual regulations that governed Conservation Authorities. The new regulation governs prohibited activities, exemptions and permits under the CA Act.
Learn moreCanadian provinces have been taking steps to shift the responsibility and cost of recycling certain materials from municipalities to the producers of the materials. In Ontario, this shift has been pursued through the Blue Box Regulation, 391/21, while in Alberta it falls under the Extended Producer Responsibility Regulation, 194/22.
Learn moreLiability for Flow-Through Claims: A Puzzling Aspect of Walsh v. TTC
Jay Nathwani, partner, Margie Strub Construction Law LLP | October 21, 2024
An 849-paragraph testament to the grinding weight of our civil justice system, the decision in Walsh Construction v. Toronto Transit Commission et al., 2024 ONSC 2782, was arrived at after a trial stretching over 19 months. In spite of the achievement that the decision represents, its findings on flow-through claims of subcontractors represent a potentially troubling precedent for the industry, and are puzzling as a matter of law. They bear further scrutiny on the appeal currently underway.
Learn moreThe Use of AI Tools for Expert Work
Augusto Patmore, P. Eng, MBA (Delay Expert), A&M managing director | October 21, 2024
Time is of the essence when it comes to the role of a delay expert in a construction dispute. With cases increasingly involving vast amounts of data, AI has become a formidable tool for delay experts. However, AI tools are not without their limitations. Human oversight is still crucial to ensure both reasonableness and accuracy in legal proceedings.
Learn moreAdversary to Ally? Disclosure Required When the Litigation Landscape Shifts
Sharon Sam, partner, Margie Strub Construction Law LLP | October 21, 2024
Practitioners must remain attentive to their disclosure obligations. Any settlement agreement (or partial settlement agreement) reached between some parties, but not others, that entirely changes the landscape of the litigation in a way that significantly alters the dynamics of the litigation must be disclosed to the non-settling parties. The obligation to disclose is immediate and unequivocal.
Learn moreThe key takeaways from the Westport decision are that sureties will be entitled to assert priority against a wide range of funds, including those awarded in construction adjudications, as long as their indemnity agreements are drafted broadly. While ensuring the flow of funds through adjudication is important, a competing and equally important consideration is not disturbing the construction bonding regime.
Learn moreDoes a Self-Insured Retention (“SIR”) Affect a Request for Defence by an Additional Insured?
The Ontario Court of Appeal’s decision in Live Nation Ontario Concerts GP, Inc. v. Aviva Insurance Company of Canada, 2024 ONCA 634 (CanLII) (“Live Nation v. Aviva”) demonstrates that the concepts of risk allocation and equitable contribution are different. Assuming the risk of a certain amount of defence costs via an SIR does not turn an insured into an insurer. The concept of equitable contribution is a remedy between insurers and ought not to be applied between an insurer and an insured.
Learn moreHighlights of Recent Charter Litigation
Claudio Klaus | October 07, 2024
This short article provides an overview of discussions from the 23rd Annual Charter Conference, focusing on recent developments in Canadian Charter litigation. It covers court cases involving educational institutions on issues like free speech, property rights, and privacy. It also addresses the Federal Court's decision on the Emergencies Act concerning the 2022 convoy protests and highlights the need for public engagement by legal professionals to combat misinformation.
Learn morePrepare for AI Regulation Ahead When Advising Employer Clients
Maciej Lipinski | September 20, 2024
While many employers are already considering, or are in the process of, taking steps to address the growing adoption and use of generative AI among their employees, important legal regulatory frameworks are also in development at both the Provincial and Federal levels. For lawyers advising employer clients grappling with generative AI in the workplace, it is increasingly important to keep an eye on the regulatory developments ahead.
Learn moreAmanda Ramkissoon, Senior Regulatory Advisor, Ontario Securities Commission | September 20, 2024
In May, the Ontario Securities Commission (OSC) announced a set of initiatives it is testing to support early-stage capital raising for Ontario businesses. The initiatives include an extension of Ontario Instrument 45-507 Self-Certified Investor Prospectus Exemption (Interim Class Order), which permits Ontario investors who may not meet the accredited investor financial criteria, but have qualifying education or work experience, to invest in private Ontario businesses.
Learn moreIncome Calculation Considerations in a Marital Breakdown
Nick Rotundo, CPA, CA, CBV | September 11, 2024
One of the most vexing issues in family law is determining what is a person's income for the purposes of paying support. This article provides an overview of some of the most common concepts related to calculating income for support purposes.
Learn moreUnlocking $10 Million in Capital Gains Deductions with Employee Ownership Trusts
Sanjay Kutty, Devon Molloy, James Konopka, and Arianne Carew | September 11, 2024
Business owners can now access significant tax benefits when selling a qualifying business to an employee ownership trust pursuant to a transaction that constitutes a qualifying business transfer. Among other benefits, eligible vendors are entitled to receive a shared pool of up to $10 million in capital gains deductions. This article will provide an overview of the eligibility requirements and an outline of the various benefits of EOT Transactions.
Learn moreOntario Plans for Growth: The New Provincial Planning Statement Published
Matthew Lakatos-Hayward, Signe Leisk | August 28, 2024
On August 20, 2024, the province of Ontario published the new Provincial Planning Statement, 2024, a province-wide policy instrument that, once in force, will replace both the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe. It will come into force on October 20, 2024.
Learn moreJoan M. Young, Mitch Koczerginski, Darlene Crimeni, Claire Wanhella, McMillan LLP | July 29, 2024
Two recent BC Court of Appeal decisions revive support for Canadian data breach class actions after the viability of such proceedings was recently stifled by a trio of decisions by the Ontario Court of Appeal.
Learn more19th Annual Golf Day and Lunch Program a Great Success
OBA Construction and Infrastructure Law Section Executive | July 10, 2024
Last month, the OBA Construction and Infrastructure Law Section hosted its 19th Annual Golf Day & Lunch Program at Eagles Nest Golf Club in Maple, Ontario. The sold-out event was a huge success thanks to our co-chairs, organizers, core sponsors and speakers.
Learn moreChallenges and Strategies in Litigating Elder Financial Abuse Cases
Sarah Smith, Elm Law Professional Corporation | July 08, 2024
As the Canadian population continues to age, elder financial abuse remains a growing concern. Financial elder abuse cases may seem clear cut, but they can present numerous challenges that make the road to resolution difficult for litigators. This article summarizes the key challenges that present themselves when lawyers take on elder financial abuse cases and highlights the strategies that they can employ to combat these challenges, even before the case begins.
Learn more“Oh Sheet!” - The Importance of Detailed Time Sheets in Proving Quantum of Damages
Ashley Landesman | July 08, 2024
In Sjostrom Sheet Metal Ltd. v. Geo A. Kelson Company Limited, 2023 ONSC 4959, the Ontario Superior Court of Justice affirmed several key legal principles, including the importance of carefully drafted pleadings, the validity of oral contracts, the significance of good record-keeping in quantifying damages, adherence to contractual default notice provisions, and the consequences that may flow from ambiguous or incomplete change orders.
Learn moreJuly 08, 2024
In response to Walsh Construction v. Toronto Transit Commission et al., 2024 ONSC 2782, the Superior Court has a offered a number of valuable takeaways for the construction industry and construction law practitioners, including counsel and arbitrators, regarding what can be expected in the resolution of a complex construction claim.
Learn moreYou Are the Company You Keep: Managing Third Party Privacy Risk
Nadia Jandali Chao, partner, Lerners LLP | July 04, 2024
Privacy regulators across Canada are signalling an increased focus on a particular risk area: namely, reliance on service providers. This article explores various key developments.
Learn moreFederal Public Transparency Register Highlights Ongoing Concerns for Trusts
Effective January 22, 2024, private corporations governed by the <em>Canada Business Corporations Act</em> are required to publicly disclose their individuals with “significant control” (“ISCs”); however, the ISC identification rules remain murky in their application to shareholders that are trusts. Government guidance is urgently required to ensure corporations and shareholders can properly meet these new obligations.
Learn moreJaime Cardy, Dentons Canada LLP | June 07, 2024
Canadian organizations implementing artificial intelligence products to process personal information are currently working in a vacuum, with no definitive standards or frameworks to guide them. However, a recent report by Ontario's IPC provided recommendations for ensuring the privacy-protective adoption of such technologies.
Learn moreMitch Koczerginski, Robbie Grant, Ada Ang, McMillan LLP | May 15, 2024
After experiencing a cyber attack, organizations tend to keep a tight grip on incident-related information, often by asserting some sort of legal privilege. In LifeLabs LP v. Information and Privacy Commr. (Ontario), a panel of the Divisional Court of Ontario’s Superior Court of Justice found that legal privileges asserted by LifeLabs did not apply to, among other things the forensic investigation report prepared by a third-party cybersecurity consultant.
Learn moreYicheng Ru, JD candidate, University of Ottawa | April 18, 2024
The Fair Workplaces, Better Jobs Act in Ontario and the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act in Australia aim to bolster labour standards and safeguard workers. Australia's amendment strengthens flexible work rights and dispute resolution, addressing work-life balance, gender equity and legal protection. Ontario can learn from Australia's reforms to improve its own labour laws.
Learn moreBehind the Screen: Navigating Law Enforcement Requests Post R v. Bykovets
Mitch Koczerginski, Robbie Grant, McMillan LLP | April 02, 2024
In R v. Bykovets, the Supreme Court found that there is a reasonable expectation of privacy in IP addresses and, as such, law enforcement need judicial pre-authorization to obtain access to them. This article provides a brief overview of the SCC’s decision and discusses important considerations under Canadian privacy law when determining the extent to which a business may disclose personal information to law enforcement without consent.
Learn moreSupreme Court of Canada Rules that Ford Government Mandate Letters are Exempt from Disclosure
Roland Hung, Torkin Manes | February 27, 2024
On February 2, 2024, the Supreme Court of Canada ruled that Ontario Premier Doug Ford’s mandate letters issued to his cabinet ministers in 2018 are exempt from public disclosure.
Learn moreTackling the Problem of AI “Revenge Porn” in Canada: existing law and upcoming legislative reform
Mavra Choudhry, Shalom Cumbo-Steinmetz (Torys LLP) | February 15, 2024
This article examines how existing law and upcoming legal reforms can be applied to address AI revenge porn. So far, the law has been slow to respond, though federal AI legislation on the horizon aims to regulate organizations that develop AI systems and make them available for use.
Learn moreESA’s Shortcomings: Navigating the Gap in Employee Rights and Independent Contractor Inclusion
Yicheng Ru | February 08, 2024
ESA plays a crucial role as the minimum safeguard for employees in Ontario, such as the minimum wage (Part IX) and notice of reasonable period (Part XV). Despite being the “floor” of employee protection, many ESA provisions fail to offer sufficient safeguards for their working arrangements.
Learn moreManeuvering through the NCA Process and Self-Studying: my learning journey
Nancy Bediako | February 08, 2024
Once back in Canada (after graduating with a Bachelor of Law from the University of Liverpool and spending a summer basking in the warm English sunshine and reveling in the World Cup celebrations), reality set in, and the need to chart a course became apparent. The first step was to understand the National Accreditation Committee (NCA) and navigate the process of successfully passing the NCA exams. Regrettably, my initial plan was met with unexpected obstacles.
Learn moreNavigating the 1L Recruit: A Story with the Benefit of Hindsight
Alyssa Marchese | February 08, 2024
Last year, I was that ‘swamped’ law-school student – exhausted, perplexed about my desires, identity, and the secrets to navigating the unfamiliar terrain of the 1L recruitment. Yet, I emerged successfully, and through this article, I aim to divulge the insights gained, the retrospective wisdom I've acquired, and the mindset I would embrace if I were to do it all over again.
Learn moreWhy You Should Take the Chance and Apply for an Exchange!
Sapphira Thompson-Bled | February 08, 2024
Are you looking for law school experiences that could influence the rest of your life, or trying to find those that could lead to lifelong memories? Well, if you are debating between what opportunities to participate in during your law school journey, I would strongly urge you consider signing up for an exchange.
Learn moreShaping Canada's Future through Law and Advocacy in the Era of AI and the 4th Industrial Revolution
Yoann Emian | January 23, 2024
Through informed advocacy and collaboration with technologists and policymakers, lawyers must be ready to navigate the complex realm of AI, ensuring that as technology advances across sectors, so does justice.
Learn moreTop Five Privacy Developments in Canada: A Year in Review 2023
Roland Hung, Torkin Manes LLP | January 16, 2024
As another year has come to an end and we have already embarked on a new year, we take this opportunity to reflect on a number of significant changes to Canadian privacy law. From promising developments to proposed legislation to a groundbreaking investigation, there is much to review as we head into 2024. This article reviews the top five recent developments we encountered this year.
Learn moreOffice of the Privacy Commissioner Releases Nine Principles for Generative AI
Roland Hung, Torkin Manes LLP | January 04, 2024
On December 7, 2023, the Office of the Privacy Commissioner of Canada released an article with nine principles intended to guide developers, providers and organizations to properly navigate the development and use of generative artificial intelligence. Privacy concerns arise where the AI is trained on data sets that include personal information.
Learn moreRe Sandhu and the Role of Capacity Assessments in Court
Nick Esterbauer, Hull & Hull LLP | May 19, 2023
This article reviews a recent BC Supreme Court case that revisited the principles to be considered when the court determines whether or not to order a capacity assessment in a guardianship proceeding; further, the article provides guidance for requesting and/or conducting effective capacity assessments.
Learn moreImportance of a Shareholders' Agreement
Jumi D. Odepe | February 10, 2023
A shareholders' Agreement is often overlooked by business owners. This shareholders' Agreement can assist the owners of the business entity to understand their rights, obligations, and expectations when it comes to their business dealings especially where there is conflict. It is important to assist clients to recognize why they require a shareholders' agreement where there is more than one shareholder in a business.
Learn moreCase Study: Contracting Terms of Use for AI-Generated Art Using DALL-E
Abby Benattar, WeirFoulds LLP | December 06, 2022
There is a popular saying that goes, “a picture is worth a thousand words.” In recent years, a group of engineers in California have revolutionized this expression with their innovation of DALL-E and its successor, DALLE-2. This article describes DALL-E and some core contracting considerations for lawyers advising clients who leverage the technology.
Learn moreReviewing your First Severance Package
Jill Lewis, employment lawyer at Nelligan Law | December 02, 2022
Understanding severance packages is not only beneficial for those lawyers practicing specifically in employment and labour law, but to all litigators. In this article, Jill Lewis breaks down what to look out for when a severance package comes across your desk.
Learn moreLet’s Talk About Inclusive Leadership
Angela Ogang, AngeLAW | November 21, 2022
On Remembrance Day, I attended the second day of the Council of Nigerian Professionals' 2022 Power of Inclusion virtual event, which focused on inclusive leadership. The panel consisted of a diverse group of corporate and community leaders who shared their professional insights and personal experiences. This is a summary of their insights.
Learn moreBuying and Selling of a Business – An Overview
Ola Oshodi (ACIS) | November 08, 2022
The purchase and sale of a business mirrors the laws of contract in terms of its elements, however, there are more aspects to be considered. The purpose of this article is to give the reader a general overview of the process involved in buying and selling a business, and it is in no way exhaustive of the intricacies involved in buying and selling a business.
Learn moreTrucking Right Along: Ontario’s Excess Soil Laws and Considerations for the Construction Industry
In this article, Matthew Gardner, Anand Srivastava, and Madiha Vallani provide an overview of the key provisions of Ontario's Excess Soil Laws. The article also includes a summary of the three phases of the roll out of the excess soil regime and important considerations for project leaders.
Learn moreTamie Dolny and Zoi Samonas | September 20, 2022
On August 31, 2022, the Ontario Court of Appeal overturned a trial decision in First National Financial GP Corporation v. Golden Dragon Ho 10. Inc., unanimously holding that when a contract is silent on an issue, absent contradicting contractual provisions, a mortgagor must provide additional consideration to amend the agreement to receive a right to prepay and discharge a mortgage.
Learn moreEmployers Take Note: Employees Must Be Informed of Electronic Monitoring Practices
Elliot Saccucci, Tahir Khorasanee and Isabelle Nazarian | July 25, 2022
As a result of a recent amendment to the Employment Standards Act as part of Bill 88, employers with 25 or more employees will be required to adopt a written policy on electronic monitoring. Given the significant number of new obligations, businesses should begin preparing for Bill 88’s implementation now.
Learn moreTo Sue or Not to Sue for Defamation: Interlocutory Injunctions in Internet Defamation Actions
You will quickly find that many people who contact you about internet defamation simply want the statements removed and/or stopped. Their fury and sense of impotence is palpable, but you must be disciplined and avoid transforming a problem into a disaster. In this article, the last in the series “To Sue or Not to Sue for Libel,” cyber libel expert David Potts considers defamation injunctions through various angles.
Learn moreNatalie Garvin | June 15, 2022
The Court of Appeal for Ontario has now overturned the Superior Court of Justice’s decision in Rahman, finding that the “just cause” provision in the employment contract contravened the Employment Standards Act, 2000. This is yet another decision confirming and applying Waksdale and its strict interpretation of employment agreements regardless of contextual factors and the sophistication of the parties.
Learn moreA Supreme Evening with Honourable Justice Rosalie Abella and Honourable Justice Mahmud Jamal
It’s not every day that one gets to rub shoulders with judges of the Supreme Court of Canada. In fact, the closest I had ever been to a Supreme Court judge prior to last week’s Gala dinner at the Ritz-Carlton in Toronto was back in 2007 when I visited Ottawa and signed up for a tour of the highest court in the land. So, you can imagine how thrilled I was to attend the OBA gala in honour of Justice Rosalie Abella and Justice Mahmud Jamal on May 26, 2022. And what a supreme evening it was, indeed!
Learn moreMost lawyers retained on cyberlibel actions never ask themselves how internet and offline libel actions differ, to the detriment of their client. Admittedly, it is a large and complex topic, and it requires an understanding of internet technology, reputation management, information warfare and strategic studies as well as defamation law, so in this article, I will just sketch the differences.
Learn moreA Reflection on a Young Lawyer’s Experience on the OBA Young Lawyers Division-East’s Executive
Susana May Yon Lee, Cassidy Levy Kent (Canada) LLP | May 30, 2022
As I conclude my term as Past Chair of the Ontario Bar Association’s Young Lawyers Division-East (“OBA YLD-East”), I want to reflect on how my experience on the OBA YLD-East Executive has helped me develop as a young lawyer. While the paths of all lawyers are unique, I wanted to share some of the lessons that I have learned in case it’s helpful for others thinking of joining the OBA executive or serving in similar roles.
Learn morePutting the Work into Networking: New Ways to Connect During and Post-Pandemic
Keagan Davis- Burns, Cunningham Swan Carty Little & Bonham LLP | May 30, 2022
Here are three remote networking avenues that I benefitted from during the pandemic, that can also be used in the post-pandemic world.
Learn moreCaroline Bélanger-Hilaire | May 30, 2022
In this short piece, I would like to explore how Métis communities in the United States (“US”) could claim Canadian constitutional rights by making references to the fresh legal perspective advanced in Desautel. In a potential future case where Métis in the US might claim s. 35 Canadian constitutional rights, I advance the position that s. 35 should be interpreted in a purposive way that includes Métis people who were forced to move elsewhere or on whom international boundaries were imposed.
Learn moreWhy I Take on Law Students and Make it a Successful Experience
Ceilidh Joan Henderson | May 30, 2022
Many lawyers have had an eager bright law student send them an email asking for an internship opportunity. Lawyers often feel swamped with that feeling of I can’t divide my attention any further. My advice, having a student can be rewarding, and productive, you just have to figure out what works for you and them.
Learn moreElliot Saccucci, Alessia Grossi and Victor Turcanu | May 17, 2022
A recent decision from the Ontario Court of Appeal has made it nearly impossible for Ontario employers to terminate employees without paying them at least their statutory minimum termination entitlements under the Employment Standards Act (“ESA”).
Learn more‘Got a Secret, Can You Keep It?’ Developments in the Tort of Public Disclosure of Private Facts
In 2016, the Ontario Superior Court of Justice recognized, for the first time, the tort of public disclosure of private facts in response to the proliferation of “revenge porn” disseminated online. Since then, subsequent courts across the country have provided further guidance on the nuances of the tort and what types of privacy infringements it is intended to redress.
Learn moreThere is still very little recognition among many lawyers of the differences between internet defamation proceedings and offline defamation proceedings, and even less recognition of the practical consequences of the two forms of defamation proceedings. The next article will summarize the major differences between online and offline libel litigation and their consequences. Here, I will simply sketch some of the important characteristics of the internet.
Learn moreThe First Trademark Application for a Hologram Filed in Canada by a Trademark Agent
Avery Lee, Keyser Mason Ball, LLP | April 14, 2022
Avery Lee is a talented young IP lawyer and the very first Trademark Agent to file a trademark application for a hologram in Canada. While he recognizes that his hologram is not as impressive as the larger scale holograms displayed by projectors or viewed with special glasses, he hopes that his trademark application can serve as a building block for other applicants and Trademark Agents.
Learn moreStanding Up to the Schoolyard Bully: Tips for Dealing with Difficult Senior Lawyers
Alexander Evangelista | March 28, 2022
Learning how to handle senior lawyers who are all-too-comfortable resorting to bullying is an essential part of any lawyer's toolbox. Here are some tips for dealing with those bullies.
Learn moreFeatured Member: Lauren J. Dalton
Lauren J. Dalton | March 18, 2022
Our guest star for March's "Featured Member" series is Lauren J. Dalton, current newsletter editor and incoming chair of the International Business Law Committee. Lauren is an associate in the Corporate & Financial Services Department of Willkie Farr & Gallagher LLP in New York. We thank Lauren for her participation and hope you enjoy getting to know her!
Learn moreWhat You Need to Know About LAWPRO: Tips and Traps for Junior Lawyers
Michelle Wen Xiao Kang | March 01, 2022
The practice of law is fraught with many challenges and a lot of skill, planning, and vigilance is required to navigate through the potential pitfalls. In this article, Michelle Wen Xiao Kang highlights the common traps that may lead to a potential LAWPRO claims and suggests ways that junior lawyers can reduce the risk of a claim being brought against them as a result of errors and omissions in performing their professional services.
Learn moreBaiqing Luo | February 28, 2022
Though no stranger to relocating and adapting, I found it challenging as a newcomer to Canada and as a law student because I knew absolutely nothing about Canadian society or Canadian law. Fast forward three years, and I am an articling student with the Ontario Ministry of the Attorney General. So, what helped me land on my feet in Canada? If I was to offer one answer, it would be the conscious effort to build contextual intelligence.
Learn moreYour First Appeal at the OCA: Tips from the Gurus
Nancy Sarmento | February 28, 2022
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.
Learn more“Firmly” Situated: Reflections on moving into firm practice
James McCarthy - Cunningham Swan LLP | February 03, 2022
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.
Learn moreA Primer on the Enforceability of Commercial Leases
Vanessa Carment, associate at Soloway Wright LLP | February 02, 2022
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.
Learn moreNancy Sarmento Barkhordari | February 02, 2022
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.
Learn moreYadesha Satheaswaran | January 31, 2022
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.
Learn moreCulture Shocks of Joining the Plaintiff Bar
Adil Abdulla | January 31, 2022
I recently moved from a defendant-focused firm with almost 100 lawyers to a plaintiff-side class action group with fewer than ten lawyers. Anyone making this transition could have predicted most of the differences, but some differences are harder to see from the outside. This article summarizes three of the latter.
Learn moreTiana Knight | January 31, 2022
This article aims to provide law students, articling students, and young lawyers some tips and tricks to make their day-to-day Work from Home (WFH) a bit more manageable as the legal profession continues to grapple with the ever-changing circumstances of the pandemic.
Learn moreMoving the Needle on COVID-19 Paediatric Vaccines: An Examination of Recent Legal Trends
Matilda Lici and Ava Naraghi | January 31, 2022
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.
Learn moreConsiderations for Returning to the Workplace
Jennifer Philpott, employment and labour lawyer at Goulart Workplace Lawyers | December 14, 2021
As widespread vaccination against COVID-19 continues in Ontario, many lawyers are transitioning from working at their kitchen tables to working at the office. With this in mind, here are some considerations and observations on returning to the office after spending almost 20 months working from home.
Learn moreTips for Achieving Work-Life Balance
Ola Oshodi, ACIS | December 14, 2021
In our profession, achieving a balance between work and other demands of life can be daunting, but not achieving it could be devastating to the mind, the body, the work and familial connections. This article contains some useful tips for attaining balance in your life and work and serves as a reminder that we are the catalysts to achieving that sense of balance.
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