Articles 2024

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Today

Ethical Challenges in Public Law

  • October 23, 2021
  • Robin Bates

The article summarizes the Public Sector Lawyers Section session on Ethical Challenges in Public Law, which took place in June 2021, and featured Professor Elizabeth Sanderson.

Public Sector Lawyers, Student Forum

Tom Marshall Award - June 2021

  • October 23, 2021
  • Robin Bates

The article discusses the presentation of the Tom Marshall award in June 2021 to Paul Dubé, current Ombudsman of Ontario.

Public Sector Lawyers, Student Forum
Aalia Adatia

Case Summary of N. v. F., 2021 ONCA 688: Stay Pending Appeal of N. v. F., 2021 ONCA 614

  • October 23, 2021
  • Aalia Adatia, associate lawyer, Hendrikx Family Law

N. v. F. raises issues of how a non-Hague signatory country would determine parenting rights and whether an involuntary separation from a parent creates a serious risk of harm to a child. In the latest round of litigation, the Court of Appeal for Ontario granted the mother a stay pending her appeal to the Supreme Court of Canada.

Family Law, Student Forum

Reverse Class Actions: A New Frontier in Copyright Enforcement?

  • October 22, 2021
  • Adil Abdulla, Sotos LLP

Copyright owners have difficulty enforcing their rights against users of pirating software because the maximum recovery from each pirate is often too small to cover the copyright holder’s legal expenses. Meanwhile, there are often thousands, sometimes millions of acts of infringement. If the pirates had the cause of action, this might appear to be ideal for a class action. But can a class be the defendants? In Salna v Voltage Pictures, LLC, the Federal Court of Appeal appears to have said yes.

Class Actions, Student Forum

Nasogaluak and BigEagle : An Examination of Class Action Case Design

  • October 22, 2021
  • Sue Tan, Koskie Minsky LLP

In Nasogaluak v. Canada and BigEagle v. Canada, the Federal Court reached differing outcomes on Certification, a puzzling result given the similarities between the two cases. How and why did the Court reach different decisions on two similar cases? The devil is in the details. While Plaintiffs' counsel may be tempted to frame class actions broadly to increase class size, the two decisions offer a reminder that less can sometimes be best, particularly where the claims involve novel elements.

Class Actions, Student Forum

The Weighty Impact of Obesity on Workers’ Compensation Claims Costs

  • October 22, 2021
  • Cassandra Ma, Canada Post Corporation

This article examines the strategy for employers in reducing claim costs by characterizing obesity as a pre-existing condition for the purposes of claiming cost relief from the Second Injury and Enhancement Fund (SIEF). In reviewing recent caselaw from the WSIAT this article finds that obesity will be grounds for SIEF cost relief only where treating physicians have linked a worker's obesity to the work-related injury or its treatment.

Student Forum, Workers' Compensation

Recap of the WSIAT Stakeholder Event of September 28, 2021

  • October 21, 2021
  • Teresa Gianfelice, Office of the Worker Adviser

For those who were unable to attend the recent WSIAT stakeholder event, the notes below touch upon the highlights of each presentation from the event.

Student Forum, Workers' Compensation

Mentorship - the Hidden Gem of the Legal Community

  • October 20, 2021
  • Daniel Fridmar

Mentorship is one of the most important and least discussed components of the legal community, which largely influences the growth of newer generations of lawyers by the help of older ones.

Sole, Small Firm and General Practice, Student Forum