Articles 2024

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Going Solo - Starting Your Private Practice

Going Solo - Starting Your Private Practice

  • November 24, 2021
  • Ola Oshodi, ACIS

This article is not exhaustive on the topic of starting your private practice but it is an attempt to give insight on what to expect when you decide to become a legal soloist. In any event, bear in mind that you are not alone and that there is a whole army of legal soloists waiting for you to reach out to them.

Student Forum, Young Lawyers' Division
Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

  • November 24, 2021
  • Daniel Daniele and Bryant Oakes, Norton Rose Fulbright Canada LLP

The market for Non-Fungible Tokens (NFTs) has exploded over the last year. Although this is an exciting new area for business, it is riddled with potential legal issues that must be properly understood by those who wish to operate in the marketplace. One of these issues pertains to the application of copyright laws to NFTs. Depending on the copyright ownership structure surrounding a given NFT, its use in the course of business may open the door to lawsuits rather than profits.

Student Forum, Information Technology and Intellectual Property Law

Lloyd v Google: UK Supreme Court holds that England’s representative rule can be used to craft a class action

  • November 24, 2021
  • Suzanne Chiodo, assistant professor, Western Law,

The UK Supreme Court just released its long-awaited judgment in Lloyd v Google, deciding whether England’s representative action rule can be used for the purposes of a class action. The UK Supreme Court’s interpretation of the representative rule is more revolutionary than appearances would suggest.

Class Actions, Student Forum

20th Annual Charter Conference in Review

  • November 18, 2021
  • Salman Rana

The 20th Annual Charter of Rights and Freedoms Conference hosted by the Constitutional Civil Liberties and Human Rights (“CCLHR”) Section of the Ontario Bar Association (“OBA”) took place on October 5, 2021 via webcast. This article summarizes the Conference’s Year in Review presentation, the four panel discussions, and the Keynote Address.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

OBA Annual Update on Judicial Review: A Discussion with Justice David Stratas and Professor Paul Daly

  • November 15, 2021
  • Alexander J. Pease

In this year’s Annual Update on Judicial Review, held on October 18, 2021, the Honourable Justice David Stratas, Federal Court of Appeal, and Professor Paul Daly, University of Ottawa, discussed recent cases and developments in the administrative law jurisprudence across Canada. The event was chaired by Dina Awad and Jillian Siskind of the OBA Administrative Law Section Executive. This summary of the lively discussion is categorized into six themes, following the structure and flow of the event.

Administrative Law, Student Forum
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What’s in a Pronoun? Two human rights tribunals find that misgendering in the workplace amounts to discrimination in employment

  • November 14, 2021
  • Giovanna Di Sauro (she/her), Tamara J. Sylvester (one/they/them) and Nicky Kim (she/her)

This article summarizes two recent Human Rights Tribunal decisions that, for the first time, considered the issue of misgendering of gender non-conforming employees in the workplace as well as their employers' failure to address their complaints of discrimination seriously or at all. In addition to highlighting the Tribunals' key findings, the article also provides practical tips for organizations in light of these decisions.

Sexual Orientation and Gender Identity Law, Student Forum

Welcome from the Chair and Vice-Chair

  • November 14, 2021
  • Mana Khami and Chloe Snider

An introduction to the Ontario Bar Association's ADR programming for the 2021-2022 year.

Alternative Dispute Resolution, Student Forum
OSFI Updates on Cyber Security Incident Reporting

OSFI Updates on Cyber Security Incident Reporting

  • November 14, 2021
  • Elif Babaoglu

The Office of the Superintendent of Financial Institutions (OSFI) is an independent agency of the Government of Canada that contributes to the safety and soundness of the Canadian Financial system by regulating and monitoring federally regulated financial institutions (FRFIs). Recently, OSFI released updated requirements regarding the cyber security incident reporting requirements expected of FRFIs.

Student Forum, Information Technology and Intellectual Property Law
Stuart Rudner, Rudner Law

Breaking the Impasse: Getting a Deal Done at Mediation

  • November 14, 2021
  • Stuart Rudner, Rudner Law

Sometimes parties travel a great distance to bridge the gap in their positions, only to find that the final step toward settlement is the biggest hurdle of all. "Splitting the difference" is not usually a viable strategy, so don't simply engage in offers and counter-offers without proper forethought. Working strategically with your mediator and considering creative approaches such as a Mediator's Proposal, Final Offer Selection, or mediation-arbitration (med-arb) will help get the deal done.

Labour and Employment Law, Student Forum