Articles 2023

Today
Today

Using Gladue Jurisprudence: An Exploration

  • March 31, 2022
  • Naomi Sayers

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

Aboriginal Law, Constitutional, Civil Liberties and Human Rights Law, Student Forum

Is Canada Closer to Enacting Modern Slavery Legislation? A Brief Update.

  • March 31, 2022
  • Nicky Kim and Giovanna Di Sauro

Discussing the recent and forthcoming measures on modern slavery in Canada, including: the impact of the Canadian-United States-Mexico Agreement (“CUSMA”); Prime Minister Justin Trudeau’s mandate letter to Canada’s Minister of Labour; and the development and status of Canada’s modern slavery legislation.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Ratcheting in Representative Negotiation

  • March 31, 2022
  • Matthew Gordon

Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.

Alternative Dispute Resolution, Student Forum
Head shot of authors Andrew and Tiffany

Why We Need to Implement Province-Wide Mandatory Mediation in Ontario

  • March 29, 2022
  • Andrew Monkhouse and Tiffany He, Monkhouse Law

For almost 20 years, mediation has been required in most civil litigation proceedings in Toronto, Ottawa and Windsor. Mandatory mediation has significantly reduced the time taken to resolve cases and increased litigant satisfaction. A provincial roll-out of mandatory mediation will alleviate the current backlogs in Ontario courts and address the province’s urgent need to increase access to justice.

Labour and Employment Law, Student Forum
Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

  • March 29, 2022
  • Stuart Rudner, Rudner Law

While we generally refer to mediation as a confidential and without prejudice process, the truth is that there are three potential situations in which what happens at mediation can be referenced and relied upon. It is important that counsel are aware of these exceptions, and advisable that they ensure that mediations they participate in are governed by an agreement which rebuts them to the extent possible. My standard mediation agreement does so, but not all of them do.

Labour and Employment Law, Student Forum
Head shot photo of author Tiana Knight

Mentorship Goes Both Ways

  • March 28, 2022
  • Tiana Knight

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.

Student Forum, Young Lawyers' Division