Articles

Aujourdʼhui
Aujourdʼhui
photo of Solomon McKenzie

Interview with Solomon McKenzie

  • 11 mai 2023

"Another pet peeve of mine, which comes up a lot in legal practice is the description of Black orators as 'surprisingly well-spoken' or 'articulate', I feel like I’ve been haunted by the word articulate my whole life. Every person who is saying these compliments is genuinely trying to be warm, but they’re part of a larger tapestry of behaviour over a lifetime."

Litige civil, Student Forum
photo of Nadia Zaman

Interview with Nadia Zaman

  • 11 mai 2023

"I still remember a call I had with a potential new client during my earlier years as an employment lawyer. She called me to discuss her workplace situation and wanted to book a consultation with me. I listened to her, expressed that I was sorry to hear about her situation, and explained our process. She advised me that she was given the names of two individuals, and that she had reached out to the other person first as she thought he would be 'tougher' as a white, male lawyer."

Litige civil, Student Forum
photo of Alicia Windsor

Interview with Alicia Windsor

  • 11 mai 2023
  • Interview conducted by Adil Abdulla and Crystal Park

An interview with internationally trained lawyer Alicia Windsor, who was called to the Florida bar in 2007, moved to Canada in 2016, wrote the NCA exams, passed the Ontario bar exam, and was called to the Ontario bar in 2017.

Litige civil, Student Forum

Interview with Anonymous

  • 11 mai 2023

"[Unconscious bias] comes up in my day-to-day. For example, people assume that I am more mellow, more docile, under-spoken, or not very assertive, all because I am an Asian woman. So when I’m handling files where the lawyer on the other side is known for being abrasive or unreasonable, senior lawyers sometimes assume that I’m unable to stand my ground. And when I act as assertive as any other lawyer, I get called aggressive."

Litige civil, Student Forum

Anonymous Stories

  • 11 mai 2023

"Anti-Indigenous bias is pervasive and particularly in Northern Ontario. For example, I remember being at the OCJ in Kapuskasing as an out of town Crown. I was standing at the podium and there was an accused being belligerent and badgering the registrar. I interrupted and told him to sit down and wait for his matter to be called on the list. As he walked away, he said, 'You send them to law school for free and they come back all uppity.'”

Litige civil, Student Forum

Additional Resources on Unconscious Bias

  • 11 mai 2023
  • Sandy Lun & Fiona Wang, on behalf of the Federation of Asian Canadian Lawyers (British Columbia) Society

The Federation of Asian Canadian Lawyers (British Columbia) Society (FACL BC) is a diverse coalition of Asian Canadian legal professionals working to promote equity, justice, and opportunity for Asian Canadian legal professionals and the wider community. FACL BC has a long history of advocating for racialized lawyers and law students, and speaking out against unconscious bias. If you are interested in learning more about the subject, consider listening or watching the resources listed below.

Litige civil, Student Forum
photo of author Samantha Ambrozy

Ontario the Outlier: An Analysis of the Integration of the Lien and Adjudication Regimes under the Construction Act

  • 10 mai 2023
  • Samantha Ambrozy, solicitor, legal section, Toronto Transit Commission; Mark St. Cyr, partner, Cassels Brock & Blackwell LLP; and Edward Lynde, partner, Fasken Martineau DuMoulin LLP

Can the construction lien and adjudication regimes co-exist in Ontario and work seamlessly, in harmony together? This article explores certain unintended pitfalls, shortcomings, and incongruencies associated with combining the regimes, as illustrated in the wording of the statute itself as well as in recent case law on adjudication.

Droit de la construction et infrastructure, Student Forum
photo of author Dan Fridmar

Interim Adjudication - the Wild West of Construction Dispute Resolution

  • 10 mai 2023
  • Dan Fridmar, Fridmar Professional Corporation

Three years into the Interim Adjudication process under Part II.1 of the Construction Act, it is apparent that what was promised as a quick and dirty approach to dispute resolution is turning into a fly-by-night process that creates more problems than solutions. In this article, the author shares his thoughts on some of these problems.

Droit de la construction et infrastructure, Student Forum