Articles 2020

Today
Today

To Reply or Not to Reply? The Call for an Automatic Right to File a Reply Factum in Prism Resources Inc. v. Detour Gold Corporation, 2022 ONCA 4

  • February 02, 2022
  • Nancy Sarmento Barkhordari

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.

Student Forum, Young Lawyers' Division

Northern Regional Health Authority v. Horrocks: Supreme Court Upholds Status Quo on Appellate Standard of Review for First Instance’s Court Standard of Review Analysis

  • February 02, 2022
  • Mina Karabit

In November 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v. Horrocks. The decision upholds the status quo established in Agraira v. Canada (Public Safety and Emergency Preparedness) (an earlier Supreme Court decision) regarding the applicable appellate standard of review when the first instance court is tasked with determining the applicable standard of review.

Administrative Law, Student Forum
Don’t Let Your Hair Down!

Don’t Let Your Hair Down!

  • February 02, 2022
  • Hamna Anwar

The author, criminal defence lawyer Hamna Anwar, makes a request to senior counsel: When you are giving advice to junior lawyers who look up to you, please be mindful of the power of your words. Please do not provide advice that teaches young, racialized women to minimize themselves or play it small.

Women Lawyers Forum, Student Forum
OBA Civil Litigation Section Insider: Covid-19 - Rights vs. Mandates?

OBA Civil Litigation Section Insider: Covid-19 - Rights vs. Mandates?

  • February 02, 2022

This issue features interviews with lawyers whose work raises challenges to vaccine mandates, along with a thoughtful article about the joys of in-person oral advocacy. Our upcoming issue will feature senior policy makers, public health officials and lawyers who advocate for vaccine mandates to combat the Covid-19 pandemic. In the best traditions of the litigation Bar, we address these important public policy and legal debates by featuring thoughtful and diverging views on these timely issues.

Civil Litigation, Student Forum
Featured Member: Andreea Muth

Featured Member: Andreea Muth

  • January 31, 2022
  • Andreea Muth

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!

Business Law, Student Forum

Mandate Letters Issued to Amend ITA Concerning the Charitable Status of Certain Organizations

  • January 31, 2022
  • Terrance S. Carter

Mandate letters issued by the Prime Minister include direction to introduce amendments to the ITA that would make certain organizations ineligible for charitable status. It remains to be seen what amendments may be introduced, but the proposal is concerning as it specifically targets an existing segment of the sector and it could have unintended long-term consequences for all charities. Any proposed amendments therefore need to be carefully monitored.

Charity and Not-For-Profit Law, Student Forum
Keep Remote Work Moving

Keep Remote Work Moving

  • January 31, 2022
  • Tiana Knight

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.

Student Forum, Young Lawyers' Division

Moving the Needle on COVID-19 Paediatric Vaccines: An Examination of Recent Legal Trends

  • January 31, 2022
  • Matilda Lici and Ava Naraghi

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.

Family Law, Student Forum, Young Lawyers' Division