Articles

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

Editor: Yoann Emian

Today
Today
What Would Churchill Do?

What Would Churchill Do?

  • May 18, 2018
  • Edward Olkovich

Creative abstraction can enable problem-solvers to move beyond stated positions and assumptions by using more than just the power of logic and persuasion as the primary means of conflict resolution in order to uncover the underlying interests, fears and concerns of the parties.

Alternative Dispute Resolution, Insolvency Law, Student Forum

Mastering Workplace Investigations: Strategies and Pitfalls

  • May 17, 2018
  • Jon Pinkus M.A., J.D. Associate, Samfiru Tumarkin LLP

An overview of important tips on how to conduct an effective workplace investigation and common pitfalls to avoid.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Justice is served: The Human Rights Tribunal of Ontario sends a strong message that there is no room for sexual assault and harassment in the workplace

  • May 17, 2018
  • Tavlin Kaur

When it comes to sexual harassment and assault in the workplace, the discussion often centres around seeking accountability against the perpetrator through criminal and civil processes. However, in the more recent years, the Human Rights Tribunal of Ontario has become an increasingly effective forum for victims to be heard and have their experiences validated and appropriately compensated.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

A Rule of Inconvenience?

  • May 16, 2018
  • Anna Alizadeh, de VRIES LITIGATION LLP

When administering an estate, one should be mindful of the dual effects of the executor’s year and the rule of convenience. This article discusses the recent Ontario Court of Appeal case of Rivard v Morris and when an interest payment of five per cent per year on specific bequests may be payable from the residue of the estate.

Trusts and Estates Law, Student Forum

Unreasonable Delay in Environmental Prosecutions after R v Jordan: Where are we now?

  • May 15, 2018
  • Kirsten Mikadze and Paula Lombardi

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time period. There was speculation at the time of the decision’s release about its impact upon environmental prosecutions. Here, we survey some of the most salient points from decisions that have emerged over the past 1-1/2 years.

Environmental Law, Student Forum

Renting to Students and “Roommates”? Then Beware!

  • May 14, 2018
  • Joe Hoffer

The Landlord and Tenant Board has been declaring that instead of the single lease that the parties have entered into, there are deemed to be legally separate leases with each of the roommates. If a roommate vacates, that roommate’s share of the rent is no longer payable by the rest of the roommates. The landlord's only option to recover the lost income is to go to small claims court to recover the arrears from the roommate who defaulted.

Real Property Law, Student Forum

Getting Off the Record: When, why and how?

  • May 14, 2018
  • Laura A. Hunt

There are times in every litigator’s practice when he or she concludes that for one reason or another they can no longer act for their client. In order to get off record when a client does not agree, counsel must bring a motion seeking an order removing him or herself as lawyer of record. In doing so, there are three principal issues the lawyer must consider: when, why and how?

Student Forum, Young Lawyers' Division

Checking Out Growing Legal Innovation and Tech in Ontario

  • May 14, 2018
  • Mark Asfar

This year is shaping up to be a great one for legal innovation in Canada. For many lawyers and firms the task of updating their systems and processes to currently existing technology is an intimidating challenge, and the prospect of actually pursuing innovative or novel solutions is just not on the table. However, and despite this apparently ubiquitous problem, lawyers across the globe have finally begun to embrace technology.

Student Forum, Young Lawyers' Division

Law Society of Ontario to review the process for assessing a candidate's good character

  • May 14, 2018
  • David McRobert, Michael Fortier and Sari Graben of the Working Group on the Law Society’s Good Character Evaluation Process, with input from other members of the Working Group

At the Law Society of Ontario’s (LSO) Annual General Meeting (on May 9, 2018, Treasurer Paul Schabas, announced that the LSO will be conducting a review of the “good character” requirement for licensee applications. There is a need to ensure not a different or lower standard, but that the process for admission to the bar is fair and does not unduly prejudice Indigenous applicants.

Aboriginal Law, Student Forum

Fun in the Sun with a Side of Networking

  • May 11, 2018
  • Erin Page, Associate at Gowling WLG

The sun is finally starting to shine, and it seems that spring has arrived. With summer just around the corner, Ottawa has a number of great outdoor team sporting events coming up that you can get involved in with fellow young lawyers or even potential or existing clients.

Young Lawyers' Division, Student Forum