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

The Accommodation of Transgender and Gender-nonconforming Students in School

  • March 17, 2020
  • Fabienne Lajoie, lawyer, Emond Harnden LLP

Accommodating transgender and gender-nonconforming students within the school system is emergent and complex. Not only are inclusion and safety necessary to build a supportive environment, but the law is constantly evolving to reflect the importance of accommodating gender identity and gender expression.

Child and Youth Law, Education Law, Student Forum

The Ball Is in Your Court: Do Something With It

  • March 16, 2020
  • Sabrina Bruno, lawyer at McCarthy Tétrault LLP

In 2018, the esports industry had a global fan base of 380 million people. In Canada specifically, 4.4 million Canadians followed esports last year, and more than 23 million Canadians classified themselves as “gamers” (that’s over 60 per cent of the population!). The industry is massive and not slowing down any time soon. Our clients are itching to get involved in esports, but simply didn’t know how, so we decided to change that.

Entertainment, Media and Communications Law, Student Forum
SOGIC at 25: Reflections from Two Former Chairs

SOGIC at 25: Reflections from Two Former Chairs

  • March 13, 2020
  • Teddy Weinstein

The Sexual Orientation and Gender Identity Community (SOGIC) is celebrating 25 years at the forefront of LGBTTIQ2S advocacy in Canada. Founded during World AIDS Day, 1994, SOGIC now has chapters and representatives in every Canadian Province. In the first in a series of articles featuring retrospectives of the group’s founding and work, former SOGIC Ontario Branch (OBA) chairs, Chris Ellis and Paul Saguil reflect on their involvement.

Sexual Orientation and Gender Identity Law, Student Forum

Challenging Fundamental Attribution Error in Mediation and Everyday Life

  • March 13, 2020
  • Sina Hariri, counsel at Law Society of Ontario

Explaining behaviour by reference to internal characteristics such as personality traits is called "dispositional attribution." Explaining behaviour by reference to circumstances or environmental factors outside our control is "situational attribution." In this article, the author explains how adjusting your attribution style can make difficult situations more mindful, reflective, and learning-oriented.

Student Forum, Young Lawyers' Division

15(+) Questions in 5 Minutes with Brian Beamish

  • March 13, 2020
  • Jaime Cardy

Next up in her series of interviews with notable individuals in the privacy and access to information law space, Jaime Cardy chats with the outgoing Information and privacy commissioner of Ontario, Brian Beamish.

Privacy Law, Student Forum

Executive Profile Series - Sarah Fagan

  • March 13, 2020

Read a brief profile of Sarah Fagan, Past Chair of the OBA Citizenship and Immigration Section Executive.

Citizenship and Immigration Law, Student Forum
Nida Sohani

15 Questions in 15 Minutes with Kathy O'Brien

  • March 11, 2020
  • Nida Sohani

We sat down with a leading corporate health lawyer, and one of the founding partners of Dykeman O'Brien Health Law, Kathy O'Brien, to pick her brain about her legal journey and her advice to young health lawyers!

Health Law, Student Forum

Cutting off Franchisee's Supplies Leads to Award of Punitive Damages

  • March 10, 2020
  • Jonathan Messiano-Crookston and Alana Spira

In 0923063 B.C. Ltd. v. JM Food Services Ltd., 2019 BCSC 553, the court held that cutting franchisee's supplies off is breach of contract and of the duty to perform in good faith warranting punitive damages. This case update reports on the court's decision and analysis.

Franchise Law, Student Forum

New Rules for School: UAlberta Pro-Life v. Governors of the University of Alberta

  • March 10, 2020
  • Teagan Markin

In UAlberta Pro-Life v. Governors of the University of Alberta, the Alberta Court of Appeal held that a university's regulation of free expression on campus is a form of governmental action subject to Charter scrutiny. The decision sets a new precedent on the application of the Charter to university activities, applies the Doré test on a correctness standard of review, and considers the recent Vavilov decision of the Supreme Court of Canada. This article reviews this noteworthy decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
The Case for Mediating Small Wrongful Dismissal Claims

The Case for Mediating Small Wrongful Dismissal Claims

  • March 10, 2020
  • Mitchell Rose, Rose Dispute Resolution

This article makes the case for voluntary mediation of Small Claims Court employment disputes, or "Small Wrongful Dismissal Claims."

Labour and Employment Law, Student Forum