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
head-shot photo of author Alyssa Marchese

Navigating the 1L Recruit: A Story with the Benefit of Hindsight

  • February 08, 2024
  • Alyssa Marchese

Last year, I was that ‘swamped’ law-school student – exhausted, perplexed about my desires, identity, and the secrets to navigating the unfamiliar terrain of the 1L recruitment. Yet, I emerged successfully, and through this article, I aim to divulge the insights gained, the retrospective wisdom I've acquired, and the mindset I would embrace if I were to do it all over again.

Student Forum

Rainbow Alliance Dryden et Al. v Webster: Court Rules “Groomer” a Slur Against the 2SLGBTQ+ Community

  • February 07, 2024
  • Nofil Nadeem (he/him)

In 2023, the Ontario Superior Court of Justice in Rainbow Alliance Dryden et al. v Webster ruled that the word “groomer,” when used to attack the 2SLGBTQ+ and drag community, is a slur and not protected by Ontario’s anti-SLAPP laws. This article summarizes the decision and how the case accords with the recent decision of Hansman v Neufeld.

Sexual Orientation and Gender Identity Law, Student Forum

Being a Disability Ally in the Legal Profession Starts with Breaking your Silence

  • February 07, 2024
  • Lorin MacDonald

The International Day of Persons with Disabilities serves as a potent reminder of disability inclusion every year, but workplace inclusion for people with disabilities remains as bleak as ever. Lorin MacDonald provides ten tips for disability allies to advance the agenda of workplace inclusion and accessibility.

Constitutional, Civil Liberties and Human Rights Law, Law Practice Management, Student Forum

Mastering Mediation: A Compilation of Tips From the Masters Themselves

  • February 07, 2024
  • Nancy Sarmento Barkhordari, Gosai Law

There are many elements to a successful mediation. In my view, each one must be approached thoughtfully. In this article, I have collected tips on these very elements from the Masters of Mediation — seasoned lawyers and mediators alike. Things like what makes for effective and compelling mediation memoranda, the do’s and don’ts of opening remarks, how to prepare your client for mediation, negotiation strategy, and everything in between.

Student Forum, Young Lawyers' Division

Forced Labour and Increasing Supply Chain Scrutiny: Long-awaited Guidance Released on Canada's Forced Labour Reporting Requirements

  • February 06, 2024
  • Kathleen Wang and Jessica Horwitz

On May, 3, 2023, the Canadian Parliament passed a supply chain transparency law, the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act). Among other amendments to Canada's import laws, notably, the Act introduces a forced labour diligence public reporting requirement that will apply to both private sector entities and government institutions. The first reporting deadline approaching, with reports due by May 31, 2024.

Student Forum

Of Birds and Buildings: Private Member’s Bill Seeks to Protect Birds

  • February 05, 2024
  • Paula Boutis

On October 31, 2023, M.P. Chris Glover introduced a Private Member’s Bill, Bill 145, “An Act to amend the Building Code Act, 1992 with respect to bird-safe windows” (the “Bill”). The Bill's introduction reminds us that the birds need protecting and that ongoing work has been happening towards this goal for several decades.

Environmental Law, Student Forum

Proposed Amendments to Ontario’s Excess Soil Laws

  • February 05, 2024
  • Matthew Gardner, partner at Willms & Shier Environmental Lawyers LLP

On October 17, 2023, Ontario’s Ministry of the Environment, Conservation and Parks (“MECP”) posted proposed regulatory amendments to Ontario Regulation 406/19 - On-Site and Excess Soil Management (“O. Reg. 406/19”) and the Rules for Soil Management and Excess Soil Quality Standards (“Soil Rules”) on the Environmental Registry of Ontario. This article summarizes the proposed amendments.

Environmental Law, Student Forum
head-shot photo of author Stuart Rudner

Mediate and Arbitrate Like it’s 2024

  • February 05, 2024
  • Stuart Rudner

Tips from a technology-savvy mediator on harnessing all the available tools to improve written advocacy at mediation and litigate more effectively.

Labour and Employment Law, Student Forum
head-shot photo of author Brendan Egan

Breaching Settlements by Posting: Lessons for Labour and Employment Law Counsel

  • February 05, 2024
  • Brendan Egan

Social media is a common part of most Canadians’ everyday lives. However, social media’s promise of nearly unlimited connectedness can pose problems when parties compromise their settlement agreements through their social media activity. This overview of two recent, non-judicial decisions provides labour and employment law lawyers with practical guidance on how to navigate settlement agreements in the era of social media.

Canadian Corporate Counsel Association - Ontario Chapter, Labour and Employment Law, Student Forum