Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today

Who Pays for the Productions?

  • November 03, 2021
  • Sudevi Mukherjee-Gothi

Who should be responsible for paying for productions prior to examinations for discovery in personal injury matters? It is my position that the onus of proof remains with the Plaintiff and that, therefore, they should be producing documentation to substantiate the claims advanced in the Statement of Claim. Why should the Defendant pay for productions to assist the Plaintiff’s claim? In the decision of Rheaume v. Foster, we received some more clarity on this issue.

Insurance Law, Student Forum

Predatory Marriage: A Case Law update

  • November 03, 2021
  • Amelia Yiu and Brittany Blainey, Elm Law Professional Corporation

Recent case law: predatory marriages and the test for capacity in Ontario. Does the current threshold for capacity to marry encourage predatory marriages?

Elder Law, Student Forum

The Constitutionality of Third-Party Political Advertising Restrictions in Ontario

  • November 03, 2021
  • Melanie Zetusian

In the context of third-party political advertising restrictions, Melanie Zetusian provides an in-depth analysis of the ONSC decision in Working Families Ontario v. Ontario, where the Applicants challenged the constitutionality of the amendments made by the Ontario legislature via the Protecting Ontario Elections Act, 2021.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
Alanis Ortiz Espinoza

My NCA Journey as a Canadian

  • November 01, 2021
  • Alanis Ortiz Espinoza

Alanis Ortiz Espinoza, secretary - Ontario Bar Association, Student Section Executive, shares her journey as a law student in the United Kingdom, her approach to gaining legal experience while building a professional network in Canada, and some helpful advice for NCA students.

Student Forum
Joel Miller

It’s Time to Reconsider “Competency”

  • October 30, 2021
  • Joel Miller

As Binding Judicial Resolution allows for judges to hear relevant information in a less costly and less complicated way for less complex cases, shouldn’t lawyers be able to work out a way to deliver less costly and less complicated services in the same cases? Shouldn’t informed consent be able to allow a different mix of skills and services to be used at a different cost for the client?

Family Law, Student Forum

The Aphria Decision: The Ragoonanan Rule Lives on in Ontario

  • October 30, 2021
  • Anthony O'Brien, Siskinds LLP

The Ragoonanan rule has been a fixture of Ontario class action law for approximately 20 years, yet it remains controversial. Does the Supreme Court of Canada's decision in Marcotte mean that the Ragoonanan rule is no longer good law in Ontario? That is an issue that had been afforded judicial notice, but never addressed head-on until the recent decision of Justice Perell in Aphria.

Class Actions, Student Forum

Diversity among Directors and Executives in Canada’s Real Estate Industry

  • October 30, 2021
  • Osler, Hoskin & Harcourt LLP

This article provides an insightful analysis of diversity and inclusion within Canada's commercial real estate industry. It provides a breakdown of the number and percentages of women directors and executive officers within the real estate sector, outlines familiar obstacles women and visible minorities often face at the corporate level, and sets out some best practices sector leaders have undertaken to remove systemic barriers for women and minorities.

Real Property Law, Student Forum