Blog

Not in Kansas Anymore: on the (limited) value of rainbow-washing*

13 July 2021

By Eden Kaill

Do you remember the scene in the Wizard of Oz, when Dorothy steps out of her door and the world is transformed from monochrome to brilliant full colour? 

I feel like that’s what early June looks like on social media.  Suddenly, rainbows are EVERYWHERE. So many companies, Babin Bessner Spry included, change their logo to rainbows (I threw a little glitter on ours too, just to be Extra) and post a Happy Pride message.

And then on June 30, just as suddenly, they all fade back to business as usual. I’ve seen this phenomenon called “rainbow-washing”, and criticized as empty virtue-signalling: “a public expression of a moral viewpoint with the intent of communicating one's own good character” .

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Wastech joins “good faith” trilogy at Supreme Court of Canada, addressing exercise of contractual discretion

7 June 2021

By Grace Wickens (Summer Student)

On February 5, 2021, the Supreme Court of Canada released its much-anticipated decision in Wastech Services v. Greater Vancouver Sewerage and Drainage District (“Wastech”)1Wastech builds upon the doctrine of good faith contractual performance from the Court’s landmark judgment in Bhasin v. Hyrnew (“Bhasin”)2 by clarifying the source and content of the duty to exercise contractual discretion in good faith.

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Zoom Hearing or Virtual School? You Decide!

12 February 2021

By Eden Kaill
  • You probably shouldn’t wear a plague doctor mask
  • The guy in charge keeps accidentally muting himself and no one is willing to say anything

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Bhasin revisited: C.M. Callow Inc. v. Zollinger provides straightforward example of breach of honest contractual performance

23 December 2020

By Zachary Pringle

& Michael Bookman

On Friday, the Supreme Court of Canada released its long-awaited decision in C.M. Callow Inc. v. Zollinger.1 The decision provides a significant elaboration of the scope and implications of the doctrine of good faith in Canadian contract law from the Court’s landmark 2014 decision in Bhasin v. Hyrnew.2

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Uber Decision Provides New Grounds for Challenging Arbitration Agreements

13 October 2020

By Aaron Gold

Arbitration clauses are a common feature of commercial contracts. Arbitration offers the potential for expeditious and cost-effective dispute resolution. 

Despite their popularity, arbitration clauses are not without controversy.

The Supreme Court of Canada’s recent decision in Uber Technologies Inc v. Heller marks a new, broader approach for determining the potential unconscionability of arbitration agreements.

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Ontario Court of Appeal Holds that the Creator of an Exchange-Traded Fund May Owe Duty of Care to Investors

2 July 2020

By Zachary Pringle

In its recent decision Wright v. Horizons ETFS Management (Canada) Inc.1, the Court of Appeal for Ontario set aside the dismissal of the plaintiff’s motion for certification on the basis that it disclosed no reasonable cause of action pursuant to section 5(1)(a) of the Class Proceedings Act, 1992. This decision may expand the scope of recovery for claims made for pure economic loss for the negligent performance of a service.

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How to Not be Tone Deaf: A Brief Guide to Being an Ally to Black People

19 June 2020

By Chasidy Palmer

Author's Note:  Although I am comfortable with educating people about race, not all Black people feel the same way. Many of the resources available are free and widely accessible to use to educate yourself and others about race. Take the initiative to use the resources available to you.

In early June, our firm posted a tweet regarding our stance and our support for Black lives. It is important to recognize that we must take action to supplement our stance. It is critical to be sensitive to the experiences of Black people, and to acknowledge their struggles without being patronizing or disingenuous. This includes making strides toward being an ally to the cause. We understand that allyship requires long-term commitment. We are taking a break from our regularly scheduled content to and instead using this platform to educate and provide resources for those who want to be better allies.

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Support from a Distance - How Babin Bessner Spry Is Adapting to the COVID-19 Pandemic (Part 2)

23 April 2020

By

the BBS Team

The COVID-19 pandemic has had a profound effect on the way we all live and work. In this week’s blog, our law clerks and support staff share some of the challenges – and rewards – of supporting a law firm virtually and working from home.

Last week, we featured the perspective of our lawyers. For part 1, "Lawyers in a Dangerous Time," click here.

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Lawyers in a Dangerous Time - How Babin Bessner Spry Is Adapting to the COVID-19 Pandemic (Part 1)

14 April 2020

By

the BBS Team

The COVID-19 pandemic has had a profound effect on the way we all live and work. In this week’s blog, our lawyers share some of the challenges – and rewards – of conducting a law practice virtually and working from home.  For part 2, "Support from a Distance", featuring the perspective of our law clerks and support staff, click here. 

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New Standard of Review: Great for Lawyers, Bad for Current Law Students

2 March 2020

By Daniel Babin

On December 19th, 2019, the Supreme Court of Canada (SCC) handed down its judgments in the Bell-NFL-Vavilov trilogy of cases (“Vavilov”)1 that significantly altered the approach to judicial review of administrative decisions. The majority provided much needed clarity and simplification to the method of determining the applicable degree of judicial deference when an administrative decision is appealed to a court, commonly known as the “standard of review”.  The majority also provided additional guidance for reviewing courts to follow when conducting reasonableness review.

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INSIGHT & EXPERIENCE