Articles 2020

Today
Today

Straddling the Border in R v Desautel: Is there Room in Canada’s Constitution for the Métis Communities Living in the United States?

  • May 30, 2022
  • Caroline Bélanger-Hilaire

In this short piece, I would like to explore how Métis communities in the United States (“US”) could claim Canadian constitutional rights by making references to the fresh legal perspective advanced in Desautel. In a potential future case where Métis in the US might claim s. 35 Canadian constitutional rights, I advance the position that s. 35 should be interpreted in a purposive way that includes Métis people who were forced to move elsewhere or on whom international boundaries were imposed.

Aboriginal Law, Student Forum, Young Lawyers' Division

A Reflection on a Young Lawyer’s Experience on the OBA Young Lawyers Division-East’s Executive

  • May 30, 2022
  • Susana May Yon Lee, Cassidy Levy Kent (Canada) LLP

As I conclude my term as Past Chair of the Ontario Bar Association’s Young Lawyers Division-East (“OBA YLD-East”), I want to reflect on how my experience on the OBA YLD-East Executive has helped me develop as a young lawyer. While the paths of all lawyers are unique, I wanted to share some of the lessons that I have learned in case it’s helpful for others thinking of joining the OBA executive or serving in similar roles.

Student Forum, Young Lawyers' Division
Photo of Osgoode Hall

To Sue or Not to Sue for Defamation: How Are Internet Libel Actions Different from Offline Libel Actions? (Part 1)

  • May 07, 2022
  • David Potts

There is still very little recognition among many lawyers of the differences between internet defamation proceedings and offline defamation proceedings, and even less recognition of the practical consequences of the two forms of defamation proceedings. The next article will summarize the major differences between online and offline libel litigation and their consequences. Here, I will simply sketch some of the important characteristics of the internet.

Student Forum, Young Lawyers' Division
head-shot photo of author Matilda Lici

‘Got a Secret, Can You Keep It?’ Developments in the Tort of Public Disclosure of Private Facts

  • May 07, 2022
  • Matilda Lici

In 2016, the Ontario Superior Court of Justice recognized, for the first time, the tort of public disclosure of private facts in response to the proliferation of “revenge porn” disseminated online. Since then, subsequent courts across the country have provided further guidance on the nuances of the tort and what types of privacy infringements it is intended to redress.

Student Forum, Young Lawyers' Division
Head shot photo of author Avery Lee

The First Trademark Application for a Hologram Filed in Canada by a Trademark Agent

  • April 14, 2022
  • Avery Lee, Keyser Mason Ball, LLP

Avery Lee is a talented young IP lawyer and the very first Trademark Agent to file a trademark application for a hologram in Canada. While he recognizes that his hologram is not as impressive as the larger scale holograms displayed by projectors or viewed with special glasses, he hopes that his trademark application can serve as a building block for other applicants and Trademark Agents.

Student Forum, Information Technology and Intellectual Property Law, Young Lawyers' Division
Head shot photo of author Tiana Knight

Mentorship Goes Both Ways

  • March 28, 2022
  • Tiana Knight

A key aspect of mentorship is ensuring that you establish mutually beneficial professional connections and focus on maintaining those relationships throughout your career, rather than just seeking out how others can support you.

Student Forum, Young Lawyers' Division