Articles 2025

Aujourdʼhui
Aujourdʼhui
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What’s in a Pronoun? Two human rights tribunals find that misgendering in the workplace amounts to discrimination in employment

  • 14 novembre 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.

Orientation et identité sexuelles, Student Forum

Welcome from the Chair and Vice-Chair

  • 14 novembre 2021
  • Mana Khami and Chloe Snider

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

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
OSFI Updates on Cyber Security Incident Reporting

OSFI Updates on Cyber Security Incident Reporting

  • 14 novembre 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, Technologies de l'information et le droit de la propriété intellectuelle
Stuart Rudner, Rudner Law

Breaking the Impasse: Getting a Deal Done at Mediation

  • 14 novembre 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.

Droit du travail et de l’emploi, Student Forum
Claire Davis, Healthcare of Ontario Pension Plan

The Permanent and Irreversible Disposal of Personal Information

  • 14 novembre 2021
  • Claire Davis, Healthcare of Ontario Pension Plan

Although there are no current signs of Bill C-11 (Digital Charter Implementation Act, 2020) being revived in Parliament, the re-election of the Liberal government suggests that it is only a matter of time before it is reintroduced in some form. To prepare for this event, this commentary analyzes one of the more controversial aspects of Bill C-11: its obligations for the disposal of personal information.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Levac v. James et al.: A Novel Causation Argument Meets with Success

  • 14 novembre 2021
  • Paul Harte, Harte Law Professional Corporation

The recent decision of Justice Morgan in Levac v. James, 2021 ONSC 5971 confirms that common elements of causation can be resolved in a class proceeding, even while the ultimate proof of causation remains an individual issue. The decision is also noteworthy for the proposition that causal inferences can be established on the basis of circumstantial evidence supported by statistical and epidemiologic inference alone.

Droit des recours collectifs, Student Forum

Overview of Policing in Ontario Schools: The Persistence of Discrimination

  • 08 novembre 2021
  • Adrianna Mills & Enniael Stair

This article reviews evidence that police presence in schools can have a harmful impact on marginalized students, including the recent Human Rights Tribunal of Ontario decision in JKB v Peel (Police Services Board).

Droit relatif à l’éducation, Student Forum

Court of Appeal Summaries (November 1-5, 2021)

  • 08 novembre 2021
  • John Polyzogopoulos

Please find below our summaries of the civil decisions of the Ontario Court of Appeal for the week of November 1, 2021. There were four substantive civil decisions this week, one of which was 300 pages long.

Litige civil, Student Forum