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

Starting a Practice with a Friend

  • April 20, 2021
  • Antonio DiMinno and Daniel Rizzi

In this short essay, Antonio DiMinno and Daniel Rizzi talk about their story from planning on starting their respective practices in law school, to their present operation of a law firm together. They discuss the lessons learned along the way and hope to share some of those lessons with you.

Sole, Small Firm and General Practice, Student Forum

Making Mistakes

  • April 20, 2021

In this article, an anonymous member of the OBA discusses their experience with making mistakes in their legal practice and the resources available to avoid making mistakes in the future.

Sole, Small Firm and General Practice, Student Forum

When Things Go South

  • April 20, 2021
  • Harold Arkin

In this article, Harold Arkin uses two case studies from his personal injury practice to illustrate how an impasse in motor vehicle mediation can be solved with the passage of time and the cooling of passions - but as with anything in dispute resolution, there are no guarantees.

Alternative Dispute Resolution, Student Forum

Court of Appeal Summaries (April 12 – April 16, 2021)

  • April 20, 2021
  • John Polyzogopoulos

Please find below our summaries of the civil decisions of the Court of Appeal for the week of April 12, 2021. The Court addressed the interpretation of a commitment letter for a commercial loan cancelled by the lender as a result of the borrower’s failure to satisfy the conditions of financing, statutory assignment and trust provisions of section 267.8 of the Insurance Act, and equalization payments in a family law decision.

Civil Litigation, Student Forum

Francis v. Ontario – Court of Appeal Frees the Confines of Systemic Negligence

  • April 19, 2021
  • Nathalie Gondek, Koskie Minsky LLP

The Ontario Court of Appeal recently ruled that systemic negligence claims against governments are indeed a tenable avenue for class-wide recovery. While the decision in Francis v. Ontario is the third time in two years that the Ontario Court of Appeal ruled solitary confinement is unconstitutional, it was the first time a Canadian appellate court made an aggregate damages award for systemic negligence in the context of a judgment.

Class Actions, Student Forum

Our Daughters are Listening: A Review of Recent Literature Related to the Rise of Anonymous Abuse of Female Politicians Online

  • April 15, 2021
  • Louise Vrebosch

A great deal has been written, particularly since the recent U.S. Congressional campaign, studying the increasing predominance and impact of harmful language directed towards female candidates and politicians on social media platforms. Although few female politicians could discount the benefits of using social media to connect with and mobilize their constituency, the impacts of online sexism, harassment and threats disproportionately targeted at female politicians online is undeniable.

Women Lawyers Forum, Municipal Law, Student Forum

Youth Criminal Justice Records and Child Protection Proceedings

  • April 12, 2021
  • Brock Jones

For young persons who become involved in both the youth criminal and family court systems, the lawful sharing or exchanging of information between them is often legally complex and fraught with the potential for errors. A case comment on Children’s Aid Society of the Districts of Sudbury and Manitoulin v. A.A., 2021 ONCJ 188.

Child and Youth Law, Student Forum