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 Ilana Arje-Goldenthal

How to Deal with Difficult Parties and Counsel in Family Law Matters

  • November 30, 2023
  • Ilana Arje-Goldenthal

In the practice of family law, we frequently encounter “difficult” personalities. It might be our own client, opposing counsel, or a self-represented party. Often managing these individuals and the relationships we have with them is the most challenging aspect of what we do as family law lawyers. This article sets out strategies that have worked for Ilana Arje-Goldenthal in managing these relationships, and hopefully they will prove helpful to you too.

Family Law, Student Forum

Enhancing Access to Justice for Seniors: A Student Perspective

  • November 30, 2023
  • Logan Dillon, caseworker with the Queen’s Elder Law Clinic

This article details the Queen’s Elder Law Clinic's (QELC) initiatives to improve access to justice for seniors in South Eastern Ontario. Run by Queen’s law students, the QELC provides free legal services, specializing in drafting wills and powers of attorney. Offering pro-bono estates and elder law services to local seniors facing financial constraints and diminished capacity challenges, it emphasizes a client-centric approach and provides invaluable client-facing work experience for students.

Elder Law, Student Forum
head-shot photo of author Geneviève Fauteux

The Rules of Professional Courtesy: Recent Lessons and Reminders from Caselaw on Civility

  • November 28, 2023
  • Geneviève Fauteux

Communicating with opposing counsel can be tricky when procedural and practical issues arise in a given matter. In her article, Geneviève Fauteux reviews recent caselaw focusing on best practices, and requirements, for how lawyers should act when faced with reasonable requests for extensions.

Student Forum, Young Lawyers' Division
head-shot photo of author James McCarthy

Legal Research Tips

  • November 27, 2023
  • James McCarthy

It is a universal truth that every law student and young lawyer has, at one point, sat down to tackle a research question and been left staring at a blank computer screen, wondering where best to begin. Luckily, James McCarthy has five great pointers to help get the research started.

Student Forum, Young Lawyers' Division

What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions

  • November 27, 2023
  • Laura Pettigrew

The article summarizes a panel discussion, What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions, from the October 20, 2023 Canadian Bar Association Child and Youth Law Section's Child and Youth Law & the Youth Criminal Justice Act (YCJA) Online Symposium.

Child and Youth Law, Student Forum

Case Summary: R v Greater Sudbury (City) – 2023 SCC 28

  • November 20, 2023
  • Sarah Hahn and Alex Cockburn, Barriston Law

A recent decision from the Supreme Court of Canada involving a tragic incident has provided clarity on what the courts will assess when determining if a municipality is an “employer” under Ontario’s Occupational Health and Safety Act, R.S.O. 1990, c. O.1 (the “OHSA”).

Municipal Law, Student Forum

Court of Appeal Clarifies Relationship Between Adverse Possession and Municipal Parkland

  • November 20, 2023
  • Carolina Campos

The Ontario Court of Appeal, in Kosicki v. Toronto (City), 2023 ONCA 450, recently considered the relationship between the common law doctrine of adverse possession and its applicability to municipal parkland. The central question at stake in the dispute was the following: Can private landowners gain title over municipal parkland through adverse possession?

Municipal Law, Student Forum
head-shot photo of author Kavita Bhagat

Cost of Caring – What Family Lawyers Need to Know

  • November 20, 2023
  • Kavita Bhagat

On November 3, 2023, the OBA Elder Law and Family Law Sections hosted a joint program entitled, "Trauma-Informed Lawyering - A New Standard For Client Service and Lawyer Wellness". Kavita Bhagat, one of the panellists, draws from her presentation in a three-part commentary on what family lawyers need to know about trauma-informed lawyering.

Family Law, Student Forum
head-shot photo of author Alison Boyce

Penalty Clauses in Family Law Agreements

  • November 20, 2023
  • Alison Boyce

Penalty clauses are sometimes used in family law agreements to deter or punish breaches of contract. How enforceable are these clauses and what will a court consider when determining whether a penalty clause is valid or void? Alison Boyce examines the recent case of Assayag-Shneer v. Shneer, where the Ontario Court of Appeal upheld a penalty clause requiring financial compensation for failure to comply with the terms of a separation agreement.

Family Law, Student Forum