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

Covid-19: The legal fall-out

  • May 07, 2020
  • Divya Shahani

With production across North America grinding to a halt, what are the key legal issues emerging from the coronavirus pandemic?

Entertainment, Media and Communications Law, Student Forum

Who’s Checking in on Youth in the Justice System?

  • May 07, 2020
  • Rowena Pinto, Rachel Gouin, Cheryl Milne, Shawn Bayes, Mary Birdsell, Heather Sago, Senator Kim Pate

Child rights advocates, including two members of the OBA Child and Youth Law Section, express concern for the safety of children deprived of their liberty in Canada during #COVID19. Read their open Letter to federal, provincial and territorial Ministers of Justice.

Child and Youth Law, Student Forum
Make the Most of Mediating Over Web or Phone

Make the Most of Mediating Over Web or Phone

  • May 07, 2020
  • Marshall Schnapp

Counsel today need to be comfortable mediating online or by teleconference with their parties if they’re to move files forward. You’d be surprised how much you can get accomplished with web or phone mediation, if you follow some best practices.

Alternative Dispute Resolution, Student Forum

Long-Term Care in Ontario: Can we find light at the end of the COVID-19 tunnel?

  • May 05, 2020
  • Simmie Palter

As of April 29th, 2020, 79 per cent of all deaths in Canada from COVID-19 occurred in seniors’ and long-term care homes. This article takes a critical look at why long-term care facilities were disproportionately affected by COVID-19 and what the future hold for the residents and staff of Ontario’s 600 long-term care facilities.

Elder Law, Student Forum

Navigating Emergency Powers and their Limitations & Protections Against their Arbitrary Use

  • May 05, 2020
  • Domonie Pierre

On March 25, 2020, the Ontario Bar Association hosted a timely and informative webinar on “Emergency Powers and their limitations and protections against their arbitrary use” in the context of COVID-19. Program speakers Leah West and Michael Bryant provided an overview of the statutory tools available to governments to protect the public during the pandemic and explored some of the civil rights impacts of statutory measures.

Public Sector Lawyers, Student Forum

Schoelly v. College of Massage Therapists of Ontario, 2020 ONSC 1348

  • May 05, 2020
  • Patricia Harper, partner, Keel Cottrelle LLP

This was an appeal of Jose Schoelly (“Mr. Schoelly” or the “Member”), a registered massage therapist, with respect to the outcome of discipline proceeding before a panel of the Discipline Committee of the College of Massage Therapists (“Discipline Committee” or the “Panel”).

Administrative Law, Student Forum

Sunrise North Senior Living Ltd. v. the Sheriff of the Regional Municipality of York & Rohan Salmon (Jan 23 2020)

  • May 05, 2020
  • Edgar-André Montigny, Montigny Law

In this case, the Applicant, Sunrise North Senior Living, was seeking an order in the nature of mandamus compelling the Sheriff of the Regional Municipality (Sheriff) to comply with an order requiring the eviction of the respondent Rohan Salmon (Salmon) from a unit in Sunrise North. This case provides a clear analysis of requirements to obtain an order in the nature of mandamus, in particular, discusses the issue of the balance of convenience which was a key factor in this case.

Administrative Law, Student Forum

Responsive Justification and Sufficiency of Reasons: Mattar v The National Dental Examining Board of Canada

  • May 05, 2020
  • Rachel Weiner

Mattar v. The National Dental Examining Board of Canada, 2020 ONSC 403 (Div Ct) is a decision of the Divisional Court, released only a couple of months after the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65. As one of the early decisions to consider the new doctrine of responsive justification, Mattar is one example of how Vavilov may motivate reviewing courts to require better quality administrative tribunal reasons.

Administrative Law, Student Forum