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

Blaney's Appeals: Ontario Court of Appeal Summaries (April 22 – 26, 2019)

  • May 03, 2019
  • John Polyzogopoulos

In Merino v ING Insurance Company of Canada, 2019 ONCA 326, the Court concluded that automobile insurers in Ontario do not have the option of unilaterally rescinding a contract of insurance ab initio under the common law as a result of an insured’s misrepresentation... 

Civil Litigation, Student Forum

R. v. Jarvis: privacy is not an “all-or-nothing” concept

  • May 02, 2019
  • Stacey Reisman, Jon Silver, and Ronak Shah

In R v. Jarvis, the Supreme Court of Canada established a robust approach to individual privacy rights thereby opening the door for courts to apply Canada’s constitutional privacy framework to alleged invasions of privacy between individuals. The decision has implications in the criminal law context, and beyond.

Privacy Law, Student Forum

Keeping up with the Change: Being Agile to Become Agile

  • April 30, 2019
  • Christine Thomas, Canadian Medical Association

Christine Thomas shares her experience and tips on supporting organizational transformation to agile management practices.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Hardship, Starvation, and Hyperinflation: Applying the 1951 Refugee Convention to Venezuela's Humanitarian Crisis

  • April 30, 2019
  • Kelly O’Connor

The economic and humanitarian crisis in Venezuela persists, causing more than 2.3 million Venezuelans to flee their country. The author argues that it is concerning to note that despite the definition of a 'refugee' as defined in the 1951 Refugee Convention, the international community has failed to consider these individuals as Convention refugees. The author therefore posits that those Venezuelans fleeing the crisis meet the criteria to be considered as Convention refugees.

International Law, Student Forum

Is Justice in Sight for Victims of Past and Present War Crimes in Afghanistan?

  • April 30, 2019
  • Zohra Safi

The conflict in Afghanistan has continued for nearly 40 years now, leading to the disintegration and weakening of the rule of law across the country. In May 2003, Afghanistan became a party to the Rome Statute of the International Criminal Court (“ICC”), enabling the Afghan government to exercise criminal jurisdiction over individuals accused of international crimes. Afghanistan’s accession to the Rome Statute was a small but important step on the long road to eventual accountability.

International Law, Student Forum

Modernizing Canadian Trademark System: Joining three major international trademark treaties and what it means for Canada's trademark regime

  • April 30, 2019
  • Mekhriban Mamedova

On March 18, 2019, the World Intellectual Property Organization (“WIPO”) reported that Canada has ascended to the three major international trademark treaties (the Singapore Treaty, the Madrid Protocol, and the Nice Agreement). Canada's ascension to these treaties marks a policy towards establishing an efficient and welcoming environment for all types of businesses that may seek to relocate, and successfully establish and protect their brands in Canada and abroad.

International Law, Student Forum

Top Five Legal Tips for the Health and Wellness Industry

  • April 30, 2019
  • Christine Laviolette, senior associate, and Lydia Wakulowsky, partner, Borden Ladner Gervais (BLG) LLP

Lawsuits involving the health and wellness industry happen, though they are not often the subject of reported decisions in Canada. It is crucial for regulated health professionals, non-regulated consultants, spa and medi-spa owners and operators in the industry to be wary of potential risks, which may leave them vulnerable to liability and negative publicity. This article examines five of Christine Laviolette and Lydia Wakulowsky's top risk management tips based on their experience in this area.

Health Law, Student Forum

Get to Know your Executive - Pantea Jafari, Member-At-Large

  • April 29, 2019

In our continuing efforts to introduce you to your OBA Executive, we wish to introduce you to Pantea Jafari, Member-At-Large. Read on to learn more about Pantea’s practice and her experiences.

Citizenship and Immigration Law, Student Forum