Articles 2020

Today
Today
head-shot photo of author Alison Boyce

Penalty Clauses in Family Law Agreements

  • November 20, 2023
  • Alison Boyce

Penalty clauses are sometimes used in family law agreements to deter or punish breaches of contract. How enforceable are these clauses and what will a court consider when determining whether a penalty clause is valid or void? Alison Boyce examines the recent case of Assayag-Shneer v. Shneer, where the Ontario Court of Appeal upheld a penalty clause requiring financial compensation for failure to comply with the terms of a separation agreement.

Family Law, Student Forum

Introductory Primer to Name and Gender Marker Changes in Ontario

  • November 17, 2023
  • Amy Chen (she/her), Rachel Allen (she/her)

This article is an introductory primer to a lawyer's involvement in assisting individuals with their change of name or change of gender marker applications for Ontario documentation.

Sexual Orientation and Gender Identity Law, Student Forum

Prospective Developments in Italian Law Regarding 2SLGBTQ+ Families

  • November 17, 2023
  • Rachel Allen (she/her)

In 2022, Italy elected Giorgia Meloni as prime minister. Meloni ran on a platform that specifically targeted 2SLGBTQ+ parenting rights. The impact of Meloni's election demonstrates the current risk facing 2SLGBTQ+ rights globally.

Sexual Orientation and Gender Identity Law, Student Forum
head-shot photo of Gregory Ko

Gregory Ko: SOGIC's Outgoing Chair

  • November 17, 2023
  • Rachel Allen (she/her)

Gregory Ko, the Outgoing Chair of the SOGIC Executive, has used his skills as an advocate to challenge discriminatory policies. Greg's recent cases include representing clients challenging Canadian Blood Services ban on donations from queer men and the Health Canada rule barring gay and bisexual men from donating sperm.

Sexual Orientation and Gender Identity Law, Student Forum

Hansman v Neufeld: Counter-Speech and Trans Rights

  • November 17, 2023
  • Rachel Allen (she/her), Amy Chen (she/her)

In 2023, the Supreme Court of Canada considered a defamation case revolving around the public criticism of transphobic and homophobic comments made by a school board trustee. The decision of Hansman v Neufeld emphasized the importance of counter-speech and recognized the trans community is a marginalized group deserving rights and protections under Canadian law.

Education Law, Sexual Orientation and Gender Identity Law, Student Forum

Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties

  • November 14, 2023
  • Katherine T. Di Tomaso

Representing a client in litigation where there is a self-represented party can be challenging for lawyers. Generally, the self-represented party does not have the awareness or understanding of substantive and procedural law that a lawyer has, which can lead to protracted proceedings and additional legal fees spent.

Insurance Law, Student Forum
head-shot photo of author Jakob Wenzel

Insights from the Trauma-Informed Lawyering Panel

  • November 13, 2023
  • Jakob Wenzel

Understanding and addressing the impact of trauma on clients and practitioners is crucial for compassionate and effective representation. The Trauma-Informed Lawyering panel, co-hosted by Ontario Bar Association’s Elder Law Section and Family Law Section on November 3, 2023, offered valuable insights and strategies to enhancing legal services with a trauma-informed approach.

Elder Law, Family Law, Student Forum

A Call to Arm’s Length? Changes to Adjudicative Tribunal Appointment Processes discussed at this year’s SOAR Conference

  • November 09, 2023
  • Willem Crispin-Frei

A key principle in administrative law is that justice must not only be done, but also be seen to be done. What does this mean in practice? A panel at this year’s Society of Ontario Adjudicators and Regulators (SOAR) Conference on November 2, 2023, took up this question in the context of modernization within three different organizations.

Public Sector Lawyers, Student Forum

Panel Discussion: Human Rights and Equitable Outcomes

  • November 09, 2023
  • Brittany Ross-Fichtner

On October 30, 2023, the Chief Commissioner of the Ontario Human Rights Commission joined others to discuss a wide range of topics and best practices related to human rights and equity. The conversation and key takeaways are summarized below.

Public Sector Lawyers, Student Forum