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

Learning from Last Year’s Failure: My Second Holiday Season as a [Young] Lawyer

  • November 29, 2019
  • Madeleine Tyber, compliance counsel at LAWPRO (Lawyers Professional Indemnity Company)

Managing stress is a continuous struggle for many lawyers. The holidays bring extra worries for many people. As young lawyers, it’s important to develop habits and strategies to better position ourselves for new challenges. In this article, the author shares her plans in the hope young lawyers can benefit from her lessons learned and maintain balance during this busy time.

Student Forum, Young Lawyers' Division

So You Have A Judgment, Now What?: Enforcing a Judgment Against an Individual Debtor in Ontario

  • November 29, 2019
  • Amber Bonnell, associate lawyer at Gowling WLG (Canada) LLP

In civil litigation, while obtaining the judgment feels like a solid win for your client, the most difficult work is just beginning. Once you have a judgment, in order to recover any debt, you must enforce the judgment. The good news is that there are a number of ways to enforce a judgment against a debtor, depending on the information that you possess. Read on for a survey of enforcement methods against individuals judgment debtors in Ontario.

Student Forum, Young Lawyers' Division

Artificial Intelligence in the Legal Profession and the Increasing Value of Junior Lawyers

  • November 29, 2019
  • Bettina Xue Griffin, legal associate at Blue J Legal

The idea of smart robots walking and talking amongst us, capable of performing our daily tasks without complaint, and (perhaps more importantly) without any concept of labour rights or sleep, is so sensational that it leads to a misunderstanding of what AI is and what it is capable of. In this article, the author provides an overview of AI and how it will continue to impact junior lawyers’ legal practices over years to come.

Student Forum, Young Lawyers' Division

Preparing Your Client for Mediation

  • November 29, 2019
  • Christine Kilby

The 5 Ws of preparing for mediation. A great reference when preparing your clients for mediation.

Alternative Dispute Resolution, Student Forum

Human Rights Application Substantially Similar to Civil Action Seeking Damages for Alleged Workplace Harassment Dismissed on Jurisdictional Grounds

  • November 29, 2019
  • Giovanna Di Sauro

A review of a recent HRTO decision, in which an applicant's forum choice resulted in her inability to proceed at both the Tribunal and in court. The decision underscores the importance of understanding the interplay between civil and administrative proceedings, and demonstrates the need to carefully evaluate the powers of administrative tribunals to limit or dismiss proceedings when developing a litigation strategy.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Blaney's Appeals: Court of Appeal Summaries (November 18 – 22, 2019)

  • November 28, 2019
  • John Polyzogopoulos

Summaries of the civil decisions of the Court of Appeal for Ontario for the past week. Topics covered include wrongful dismissal, custody/relocation, equalization of net family property, charging orders under the Solicitors Act, and rental vehicle insurance coverage.

Civil Litigation, Student Forum
This is What a Lawyer Looks Like: Meet Caryma Sa'd

This is What a Lawyer Looks Like: Meet Caryma Sa'd

  • November 28, 2019
  • Nabila Khan, Section Newsletter Editor

The face of law is changing. In an effort to highlight the diverse range of individuals working across the legal landscape, we are pleased to present our new series, This is What a Lawyer Looks Like. The goal of this series is to put racialized and Indigenous women lawyers in the spotlight and amplify their voices in the conversation about gender equality. In this instalment: meet Caryma Sa'd, lawyer and access to justice trailblazer.

Women Lawyers Forum, Student Forum
Employer Flexibility Does Not Modify the Employment Contract

Employer Flexibility Does Not Modify the Employment Contract

  • November 27, 2019
  • Justin P’ng, Fasken Martineau DuMoulin LLP

It is a fact of life. Employees sometimes need flexibility to start or leave work at different times than originally agreed with their employer. Sometimes this is because of child care issues. A recent appellate decision, Peternel v. Custom Granite & Marble Ltd., confirms that employer flexibility in granting occasional requests does not always modify the underlying employment contract.

Labour and Employment Law, Student Forum
Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

  • November 27, 2019
  • Barry B. Fisher LL.B.

In Groves v. UTS Consultants Inc., 2019 ONSC 5605, the Ontario Superior Court of Justice held that a termination clause, which was found to contract out of the Ontario Employment Standards Act, 2000 (the ESA), could not be read to comply with the ESA despite containing a "saving clause."

Labour and Employment Law, Student Forum