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

Privacy Commissioner Says Public Profiles Are Private

  • October 22, 2018
  • Imran Ahmad, Katherine Barbacki, and Alexia Magneron

Report from the Office of the Privacy Commissioner of Canada sheds light on the limits that Canadian privacy regulators can impose on the use of publicly available personal information on social networking platforms.

Privacy Law, Student Forum

When a Tribunal’s Reasons Won’t Fly: SCC in Lukács addresses supplemental reasons and public interest standing

  • October 22, 2018
  • Ryan MacIsaac

In Delta Airlines Inc v Lukács, the Supreme Court addresses two important issues. First, in a counter-intuitive way, it addresses when a reviewing court may supplement reasons, following concerns raised by administrative lawyers after the seminal case of Edmonton East. Second, it reaffirms that tribunals and courts should provide access to justice by maintaining an open door to public interest litigants with genuine complaints.

Administrative Law, Student Forum

Stirrett v Cheema et al: Ontario Court Explores Fiduciary Duty in Research-Participant Relationship

  • October 22, 2018
  • Nida Sohani

A recent decision from the Ontario Superior Court of Justice examines when a researcher-participant relationship in the context of human studies will give rise to fiduciary obligations. In Stirrett v Cheema et al, 2018 ONSC 2595, a plaintiff successfully recovered damages from a defendant physician on the basis that the doctor breached his fiduciary duty to the plaintiff’s deceased spouse who was a participant in the doctor’s study.

Health Law, Student Forum

Text Messages, Conspiracy and Murder: R v SB1, 2018 ONCA 807

  • October 18, 2018
  • Brock Jones, assistant Crown attorney

An exploration of a case that serves as a helpful reminder of both the value of digital evidence and how to interpret it, but also how the law of post-offence conduct continues to evolve alongside the technologies that seem to dominate the lives of young people.

Child and Youth Law, Student Forum

BC Supreme Court Rectifies Excessive Capital Dividend Election

  • October 18, 2018
  • Seth Lim, PwC Law LLP

The courts continue to delineate the scope and operation of rectification following the Supreme Court of Canada’s decision in Canada (Attorney General) v. Fairmont Hotels Inc., which significantly curtailed the availability of the remedy. This article discusses a recent British Columbia Supreme Court decision in which the Court granted an order to rectify a directors’ resolution declaring a capital dividend, the amount of which had been erroneously inflated.

Student Forum, Taxation Law

What’s Old is New Again – Interest Rate Decision in Ontario

  • October 18, 2018
  • Jonathan Fleisher and Amanda Scolieri

A case summary exploring the Ontario Court of Appeal's position on Section 4 of the Interest Act, specifically pertaining to interest payable by borrowers, in its recently released decision Solar Power Network Inc. v. ClearFlow Energy.

Business Law, Student Forum

How to Print Without Shame

  • October 18, 2018
  • Pulat Yunusov

There is still room for printing in today's paperless office (and it's not just for paper-only audiences like courts).

Law Practice Management, Student Forum

New and Exciting Opportunities – and Claims Risks: Marijuana Law

  • October 18, 2018
  • Ian Hu, counsel, claims prevention & practicePRO, LAWPRO

Changes to marijuana laws present lawyers with new opportunities, but their best practices remain the same: don't dabble, comply with the rules of professional conduct, investigate sufficiently, and protect clients' confidentiality.

Law Practice Management, Student Forum