By Tahira Mawji | July 21, 2020

The summer before leaving for law school I volunteered at a non-profit legal organization to get a brief introduction into the legal world. Because the organization was short staffed, my role was multifaceted. It comprised of various administrative duties such as setting up appointments for lawyers to provide pro-bono services to individuals, cold calling lawyers etc. However, the most interesting part of my role was getting the chance to prepare a case in front of the Mental Health Board.

I was lucky enough to be paired with both a lawyer and a summer student because I had the opportunity to assist the summer student in conducting patient interviews, writing legal briefs and finding relevant medical information for the lawyer to review. We successfully presented our case in front of the Board and the patient was released. Working on the hearing was an out of this world experience for a soon to be law student but the “real win” was the lifelong mentor and friend I had gained in the lawyer.

Throughout law school and when I graduated, I stayed in touch with my mentor. We developed a friendly rapport and discussed my law school experience overseas and how the legal market was in Vancouver, BC.

Fast forward to 2017…

Continue reading “The Importance of Mentoring”

The National Committee on Accreditation portal for Exam time allocation is now open for candidates to reserve examination time. 

IMPORTANT: You must reserve a start time for your August online exam by Noon (Eastern Canada) July 30th, 2020. There are multiple start times available for both morning and afternoon sessions. The start times are assigned on a first come, first serve basis, so please indicate your preference as soon as possible.

To reserve your start time, please check your email for the link as soon as possible. 

The NCA online exams are only available on the following dates:

  MORNING AFTERNOON
 

August 13

Evidence Contracts
 

August 14

Family Property
 

August 17

Remedies Canadian Professional Responsibility
 

August 18

Torts Foundations of Canadian Law
 

August 19

Business Organizations Canadian Constitutional Law
 

August 20

Civil Procedure Canadian Administrative Law
 

August 21

Commercial Law
Taxation/Trusts
Canadian Criminal Law

Continue reading “NCA August 2020 Exam Start Time Selections”

NCA exams

Institutions around the world rapidly transitioned to online exams due to the outbreak of COVID 19. The Federation of Law Societies of Canada (FLSC) also joined the trail with its recent announcement that all exams scheduled for August 2020 by the National Committee on Accreditation (NCA) would henceforth be conducted online. With little time to adjust, this announcement was met with mixed feelings.  Some candidates feel it is a welcomed idea particularly as most NCA candidates are in different parts of the world and should not have to travel down to Canada before taking the exams.  Several others are anxious and unsure of how fairly they will perform under the online regime- issues may range from lack of reliable internet access, less typing speed, distractions at home (especially with students with children or with multiple roommates) amongst others. Rightly so, the online exams would pose reasonable challenges as it is with starting anything new. What is however endearing is the willingness of the institutions to accommodate students as much as possible whilst also ensuring academic integrity.

Students received with excitement the news that the time allotted for the exams had been increased by one hour! The exams are now for the duration of 4 hours as opposed to the accustomed 3 hours. In addition to this, students now have the option to –

Continue reading “Online Delivery of the NCA Exams – The Countdown Begins!”

By: Sam Khajeei & Kenny Okunola | February 26, 2020

The recent decision of the Ontario Superior Court of Justice (the Court) in the case of 2483038 Ontario Inc. v. 2082100 Ontario Inc. (2020 ONSC 475) (the Fit for Life Decision) highlights the importance of ensuring the delivery of a compliant franchise disclosure document (a FDD) upon the grant of a franchise and serves as a reminder to franchisors and their principals of the significant consequences of failing to do so.  

In this case, the franchisee entered into a franchise agreement with the franchisor for the operation of a “Fit for Life” restaurant in Ontario. The franchisee opened for business on or around December 14, 2015 and ceased operating on or around August 11, 2017 after delivering a notice of rescission to the franchisor. The FDD delivered by the franchisor to the franchisee contained a signature block on page 4 of the FDD where there was some corporate information about the franchisor being disclosed. This was where Mr. Samuel Davis (Mr. Davis), the sole director and officer of the franchisor, had signed the FDD rather than the “Certificate of Disclosure” on page 27 of the FDD.

Continue reading “Tales of Flawed Disclosure: The Importance of the FDD Certificate”

 

By: Sam Khajeei & Kenny Okunola | January 7, 2020

Background

Judicial review involves a process by which a court is asked to review a ruling made by an administrative tribunal in Canada (a Tribunal). Tribunals include the Investment Industry Regulatory Organization of Canada (IIROC), the Privacy Commissioner of Canada, the Trademarks Opposition Board and the Occupational Health and Safety Tribunal Canada.

Clients may, from time to time, be subject to rulings of a Tribunal and may therefore seek to weigh the advantages and disadvantages of having a court re-consider the process employed by such Tribunal in reaching such decision and/or the substance of the decision itself.

Although such Tribunals are established by legislation to provide regulatory and adjudicative oversight to specific industries and may, as a result, have acquired significant expertise in doing so, courts remain vested with the obligation to ensure that Tribunals uphold the rule of law in performing such oversight functions and otherwise do not exceed their mandates. When faced with a judicial review query, courts first look to determine the degree to which the decision of a Tribunal should be awarded deference, in other words, the standard of review that should apply.

Continue reading “Default Deference to Administrative Tribunals – The New Era of Review Standards”