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

Expanding Medical Assistance in Dying Will Have Devastating Effects on Canadians with Disabilities

  • March 10, 2023
  • Lorin MacDonald

There is a proliferation of news reports of people with disabilities considering medical assistance in dying (MAiD). As a human rights lawyer, a disability advocate, and a woman born with a disability, I find these trends troubling. I believe MAiD is the outcome of Hobson’s choice, which refers to the illusion that multiple options are available. In a “take it or leave it” scenario, “leaving it” is no longer tenable for many Canadians with disabilities, given today’s climate.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • March 10, 2023
  • Crystal Heidari

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Alternative Dispute Resolution, Student Forum
photo of Rafeena Rashid

Executive Profile: Introducing Rafeena Rashid

  • March 07, 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Rafeena Rashid currently holds the position of Secretary on the executive. As an immigrant herself, whose immediate family immigrated to Canada in stages, she is acutely aware that the decision to move to a new country is not a decision made lightly.

Citizenship and Immigration Law, Student Forum
photo of Carrie Wright

Executive Profile: Introducing Carrie Wright

  • March 07, 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Our Chair Carrie Wright started off as the Newsletter Editor, then she became the Secretary and worked her way up to chairing. Carrie's focus has been ensuring that our voices are represented at the national level and developing the interconnectedness between our section and our colleagues in other areas.

Citizenship and Immigration Law, Student Forum

Sustaining Progress in Indigenous Legal Education

  • March 04, 2023
  • Scott Franks

Since the release of the TRC report in 2015, momentum has been building toward Indigenous justice and reconciliation. But stronger and deeper commitments and actions are necessary.

Aboriginal Law, Student Forum

Don’t Touch That Dial—a cautionary note to patentees

  • March 04, 2023
  • Andrew Shaughnessy, Torys LLP

In Rovi Guides, Inc. v. Bell Canada, 2022 FC 1388, Justice Lafrenière adjudicated a trial involving the infringement and invalidity of four patents relating to interactive television programming guides—the kind of technological features that many of us rely on to enhance our television viewing. However, this decision may have dramatic effects on the prosecution of patents before the patent office.

Student Forum, Information Technology and Intellectual Property Law

Interpreting in Equal Shares Per Stirpes: The case of Jonas v Jonas

  • March 04, 2023
  • Jennifer A.N. Corak, Minden Gross LLP

In the case of Jonas v Jonas, the Ontario Court of Appeal considered the proper interpretation of a Will’s residue clause. Jennifer Corak reviews the decision, including the trial judge’s application of the “armchair rule” in light of the ambiguity of the clause in question.

Student Forum, Trusts and Estates Law

2022 in Review from your Public Affairs Liaisons

  • March 04, 2023
  • Krystyne Rusek, Pallett Valo LLP and Angelique Moss, Casey & Moss LLP

The Trusts and Estates Law Section’s Public Affairs Liaisons, Krystyne Rusek and Angelique Moss, provide an informative update on current and upcoming legislative changes and public affairs issues.

Student Forum, Trusts and Estates Law