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 Kanon Clifford

Deciphering the Digital Jurisprudence: Embracing Generative AI in the Legal Realm

  • September 25, 2023
  • Kanon Clifford

The application of new technology to the legal field has been an important topic in recent years, especially during and after the COVID-19 pandemic. In this article, Kanon Clifford provides a thoughtful review of how the latest technology - generative AI - may help and hinder legal professionals.

Student Forum, Young Lawyers' Division
head-shot photo of author Ashley Bennett

How a Condominium Status Certificate Can Help Prospective Purchasers Limit Risk

  • September 25, 2023
  • Ashley Bennett

In this article, Ashley Bennett explains why reviewing a condominium status certificate is a crucial step to assist clients in purchasing residential condos. Further, she highlights how litigators can use status certificates to assist purchasers who experience issues after closing.

Student Forum, Young Lawyers' Division
head-shot photo of author Jill Lewis

Your First Mediation

  • September 25, 2023
  • Jill Lewis

There are many "firsts" as a young lawyer: a first client intake meeting, first case conference, first motion etc. In this article, Jill Lewis breaks down top tips to keep in mind when preparing for a mediation for the first time.

Student Forum, Young Lawyers' Division
head-shot photo of author Divyansh (Divi) Dev

Solving the Canadian Insolvency Puzzle: Unmasking the Directing Minds or Piercing the Corporate Veil?

  • September 14, 2023
  • Divyansh (Divi) Dev, restructuring & insolvency associate at Thornton Grout Finnigan LLP

When attempting to determine liability for the actions of a corporation, two common law doctrines come into play: the doctrine of lifting the corporate veil and the corporate attribution doctrine. Both are employed when the status of a corporation as a separate legal entity requires a distinction from the acts of its officers, leading to exceptions to the principle of limited liability or separate legal entity. However, these doctrines diverge in their applicable tests.

Insolvency Law, Student Forum, Young Lawyers' Division
head-shot photo of author

Canada's Tech Talent Strategy Enhancing the Start-up Visa Program

  • September 14, 2023
  • Zeynab Ziaie Moayyed

Building upon the success of Canada's Global Skills Strategy, Canada's groundbreaking Tech Talent Strategy (TTS) is strategically geared towards nurturing and bolstering Canada's thriving tech ecosystem. However, the TTS has also cast a spotlight on one of Canada's most innovative visa programs that is now grappling with growing pains—the Start-up Visa.

Citizenship and Immigration Law, Student Forum

Closing Remarks from the Outgoing Chair

  • August 28, 2023
  • Christie Gibson, Chair, OBA Municipal Law Section Executive, 2022-2023

As we draw a close on the 2022-2023 term, I write to give you a highlight reel of the work done by your elected Executive over this past year.

Municipal Law, Student Forum

Opinion: Faith-based Health Care Offers Vital Access to Medical Assistance in Living

  • August 25, 2023
  • Brian Bird and Derek Ross

Whether to participate in MAID is a profound and complex ethical question—a question on which the B.C. Supreme Court recognized that “thoughtful and well-motivated people can and have come to different conclusions.” In a country that cherishes diversity and dignity for all, we must support diverse communities of care and, in turn, better options and outcomes for all patients - many of whom seek, and deserve better access to, medical assistance in living.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Falling off the Priority Ladder: ONCA Denies Attempt to Import Causation Requirement into s. 268(2) of the Insurance Act, and Clarifies the Difference Between “Incident” and “Accident”

  • August 14, 2023
  • Michael A. Valdez, Stieber Berlach LLP

The decision of the Ontario Court of Appeal in Ontario (Government and Consumer Services) v. Gore Mutual Insurance Company stresses that there is no room for a causation analysis when interpreting the priority rules in s.268(2) of the Insurance Act. These priority rules are used to determine who is liable to pay statutory accident benefits after an automobile accident.

Insurance Law, Student Forum

Court of Appeal Summaries (July 31 – August 4)

  • August 11, 2023
  • John Polyzogopoulos and Ines Ferreira

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 31, 2023.

Civil Litigation, Student Forum