Section Articles

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Olivia passionately calls for a legal education revolution, urging practical training to break access to justice barriers. She champions students' role, emphasizing competent graduates as cost-cutting justice advocates.

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.

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.

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.

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.

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.

Going from law school to articling is a big, but important, step in most new lawyers' careers. In this article, Nehmet Bedar sets out small ways that can help you go from the classroom to practice with ease.

In this article, Vanessa Carment sets out the basic terms and conditions that must be included in every commercial lease for the agreement to be enforceable.

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.

Your committee participation gives you a chance to play an important role in shaping and amplifying the impact of this dynamic practice area.

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.

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.

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.

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.

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!

Most 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.

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.

Here are three remote networking avenues that I benefitted from during the pandemic, that can also be used in the post-pandemic world.

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.

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”).

Questions we should be asking and considerations we need to keep in mind with respect to digital signing of documents for business lawyers.

Our guest star for May's "Featured Member" series is Avechi Chimara, current member-at-large on the Business Law Committee.

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.

There 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.

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.

A key aspect of mentorship is ensuring that you establish mutually beneficial professional connections and focus on maintaining those relationships throughout your career, rather than just seeking out how others can support you.

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.

This article is the first of several in the series and looks at how defamation actions differ from other types of proceedings.

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!

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.

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.

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.

Our guest star for February’s "Featured Member" series is Anjana Bhaskaran, secretary of the Business Law Executive. We thank Anjana for her participation and hope you enjoy getting to know her!

It's never too early to think about developing your own client and referral bases as a junior lawyer. Read on to find out how you can expand your business network and some of the non-traditional ways to do so.

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.

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.

Our guest star for February’s "Featured Member" series is Andreea Muth, one of our CPD liaisons in the Business Law Executive. We thank Andreea for her participation and hope you enjoy getting to know her!

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.

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.

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.

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.

Our guest star for January's "Featured Member" series is Hank White, CPD liaison of the Business Law Executive and a senior lawyer editor (Banking and Finance) at Practical Law Canada. We thank Hank for his participation and hope you enjoy getting to know him!

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.

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.

Conflicts of interest are all around us. The politician who takes a large campaign donation from a special interest group. The realtor who pushes a sale to get their commission. The hiring director who insists their relative is the best candidate for a job. You likely know it when you see it. For legal practitioners, however, conflicts of interest work on us in complex ways and recognizing them is not always intuitive.

“You’re going to burn out.” Many of us have probably heard this phrase, having either been the one telling this to someone or been on the receiving end. With its stay-at-home orders, working from home, and not having a clear division in our days, the pandemic has made burnouts a more prevalent issue across various professions. The author shares some tips on dealing with burnout in the workplace as a young lawyer.

Find out more about the new changes to the Ontario Business Registry.

Our guest star for November's "Featured Member" series is Daniel Hirsh, current chair of the Business Law Executive and a sole practitioner at Hirsh Law in Toronto, Ontario. We thank Daniel for his participation and hope you enjoy getting to know him!

Corporate annual return filing changes – an update.

This article is not exhaustive on the topic of starting your private practice but it is an attempt to give insight on what to expect when you decide to become a legal soloist. In any event, bear in mind that you are not alone and that there is a whole army of legal soloists waiting for you to reach out to them.

Alanis Ortiz Espinoza, secretary - Ontario Bar Association, Student Section Executive, shares her journey as a law student in the United Kingdom, her approach to gaining legal experience while building a professional network in Canada, and some helpful advice for NCA students.

We invite all Canadians to learn more about our heritage and to honour the rich cultural and artistic traditions of our fellow Canadians of Latin American/Hispanic origin.

Lawyers who have embraced emerging legal situations have likely learned a happy lesson – it is absolutely possible to learn about new or emerging areas of law and get the answers your clients need, as long as you know how to go about it.

Tips and tricks for navigating phone calls with opposing counsel, and why it pays off to speak over the phone instead of via email.

Leadership is a muscle that we are all born with, but it is one that requires regular exercise for maximum effect. Read on for a few tips on how to build that muscle in the early stages of your career.

Committee participation gives you a chance to play an important role in business law advocacy, education and legislative reform – all while building your profile and growing your network within this dynamic practice area.

A transformative program presented by the OBA’s Student Section and Young Lawyers Division offers timely tips for a successful transition from academia to law practice.

You may not think of licence plates as a feminist issue, but last year, the Supreme Court of Nova Scotia made a strong pronouncement on the impermissibility of personalized license plates that promote or may be seen to promote gender-based violence.

This month, we are introducing a new series, "Featured Members," to shine a spotlight on members of the OBA's Business Law Section. We hope this series can help to connect OBA members practicing in areas such as corporate, real estate and wills and estates law across the province of Ontario. If you would like to be included in the "Featured Members" series, please reach out to the Business Law Executive Newsletter Editor, Lauren Dalton, at ldalton@willkie.com.

I recently had an amazing conversation with Nicki Ward, an advocate and activist who has been very active in the trans community for well over 20 years and who is well versed in the types of issues I wanted to explore as we wind down on Pride Month 2021. We talked about human rights, the Toronto Trans March, self-awareness, and how we can expand as human beings into a space that is ultimately better for our society as a whole. I hope you find this conversation just as refreshing as I did.

Having recently completed her articling term in the midst of a pandemic, Avechi Chimara shares in this article a few of her experiences and what she learned along the way.

On May 6, 2021, the Ontario government enacted Ontario Regulation 335/21 , amending Regulation 182 of R.R.O. 1990 (the general regulations of the Corporations Information Act (Ontario). This article provides a summary of the impacts of the amending regulation on Ontario corporations, foreign business corporations and Ontario charities with respect to the filing of corporate annual returns.

Mark Asfar provides in-depth advice and solutions to ensure that your virtual set-up is as professional as possible.

Priya Chopra outlines simple tips to help maintain mental health and wellbeing during the COVID-19 pandemic.

In this article, Sahil Shoor provides a detailed breakdown of the Court of Appeal’s decision in Ontario (Labour) v Sudbury (City), which may significantly increase the risk of legal exposure for an owner of a construction project.

Notwithstanding the varied responses that remote meetings elicit, there is little doubt that the shift toward virtual health care has been a bright spot during the pandemic. In this article, Joshua shares some examples of virtual health care resources which are convenient ways for all of us, whether a young lawyer or not, to manage our health during such a difficult time.

In conversations with colleagues, the two challenges they continue to express when working from home are how to “remember to take regular breaks” and “stop working and switch off.” Finding what works best for you can be a matter of trial and error. And with the recent series of lockdowns, you’ll likely have plenty of time for both.

In March 2021, a Waterloo woman was convicted of violating a publication ban issued in a sexual assault case in which she was the victim. Although this is reportedly the first prosecution of its kind in Canada against a victim of sexual assault, what transpired is indicative of pervasive misunderstandings about the application and purpose of publication bans in sexual assault cases.

While mandatory vaccination policies can be devised and implemented in a number of ways, employers should consider a number of associated risk factors and legal obligations before deciding whether a mandatory policy is right for their workplace.

In today's hot real estate market, buyers may forget that "buyer beware" is more than just a pithy phrase and that caveat emptor continues to apply to the purchase of resale homes. This article gives prospective home buyers a background on their rights and provides tips on how to avoid being caught without recourse if their dream home ends up not being such a dream after all.

Many young lawyers may not think that having powers of attorney is necessary at this early point in their career. Calvin Hancock makes the compelling case for why everyone, including young lawyers, ought to execute power of attorney documentation.

We have to continuously speak about freedom, equality and equity because these are things that matter to all of us and they are constantly under attack. We need to take a deep dive into the lives of our heroes and trailblazers and see what lessons can be learned and applied to the challenges that we are facing today.

There are nuances to be aware of when reviewing and negotiating a service agreement. These issues are important to address to ensure that the parties to the contract understand and agree to the nature and kind of services being provided thereunder. This article provides examples of common errors that are likely to be overlooked while reviewing and negotiating a service agreement and provides possible solutions to address problems that could arise.

Black history is Canadian history—is world history—and during the month of February, not only is it important to discuss the accomplishments of Black lawyers and legal professionals, but also the work that still needs to be done to create a seat at the table for everyone within the profession.

As many of us are approaching the one-year anniversary of working from home, this can be an opportunity to reflect on how remote work is, or isn’t, working for you. Here are our top 10 lessons from 2020.

A recent decision by the Supreme Court of Canada, involving a dispute over whether an agreement governing a parking facility had been adopted by a strata (condominium) corporation, provides a useful summary of basic contract principles applied in the context of a pre-incorporation contract. This decision is important for Ontario not-for-profit corporations and business corporations incorporated in Nova Scotia (even if they operate in Ontario).

As our professional responsibilities require providing representation to an increasing number of multicultural clients, it is essential that the skills, attitude and values of cultural competency be integrated into legal education, professional development, and the rules of professional conduct.

In this article, Behzad Hassibi discusses the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc. This decision will have a significant impact on the enforceability of employment contracts, as many termination clauses that were previously enforceable may now be null and void.

The recent case of Terranata Winston Churchill Inc. v. Teti Transport Ltd., et al., 2020 ONSC 7577 explores the meaning of a “standard” release in the context of multi-party and multi-action construction disputes. This decision also serves as a warning to settling parties—unconditionally agreeing to an undefined release may have unintended consequences.

Looking for a new years resolution? Read about Zackery Shaver's resolution to become more connected with his community.

Starting a new job is never easy, but starting a new job during COVID-19 is extra challenging. Andrea Daly provides insights about putting your best foot forward when starting a new job during the pandemic.

This article sets out helpful tips and tricks for lawyers who find themselves against a self-represented litigant in Small Claims Court.

Not every lawyer wants to stay in the first practice area that they choose forever. If that sounds like you, check out these practical tips from Ludmilla Jarda.

Olivia Koneval-Brown sets out best practices for virtual document execution.

Selina Mamo and Kate Julien are Chair and Vice-Chair, respectively, of the Ontario Bar Association’s Young Lawyers Division Central. In August 2019, they each welcomed their first baby and began a 12-month maternity leave. Selina and Kate sat down for a fireside Zoom chat to compare experiences and discuss advice for other young lawyers considering taking parental leave.

Young lawyers have plenty of opportunities to volunteer in non-legal, or what I call “law-adjacent,” capacities. In fact, I would suggest volunteering “outside the law” in conjunction with taking on some pro bono work or legal volunteering, or just volunteering in a non-legal capacity. Let me explain why...

In this interview of Professor Scott Franks by Oksana Romanov, he discusses his LLM research that investigated barriers and opportunities in the implementation of the Truth and Reconciliation Commission's Calls to Action in law schools.

Oksana Romanov writes about her experience at the OBA Award of Excellence in Alternative Dispute Resolution, held on December 3, 2020. Oksana also provides valuable insight on what excellence and mentorship means in the legal profession.

The practice of law is much different than it was ten years ago. It demands more specialization and discipline in order to be successful in today's marketplace. However, as a sole practitioner, your future can be molded to your desire and your ability to pivot and adjust to your external circumstances are within your control.