Articles 2025

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Today

Saying “I Do” to a Prenup

  • November 26, 2018
  • Olivia Koneval, lawyer at Mann Lawyers

You and your partner are moving in together, or you have just set a wedding date. These are both happy events and are likely filling you with a lot of excitement, planning, and optimism. So why spoil the moment with talk of a prenuptial agreement? Prenups, or “domestic contracts” as they are called in Canada, are a difficult topic to bring up with your partner, especially if you are not sure if they will be on board with the idea.

Student Forum, Young Lawyers' Division

Tips for Conducting a Successful Examination for Discovery: A Young Lawyer’s Perspective

  • November 26, 2018
  • Arina Joanisse, lawyer at Stevenson Whelton MacDonald & Swan LLP

Examinations for discovery are a true on-the-job skill. Law school does not teach you how to conduct one, and watching experts examine during your articles will only take you so far when you find yourself on your own, face to face with an evasive witness and a combative opposing counsel. This article is by no means an exhaustive manual on examinations for discovery, but only a series of tips from the perspective of a junior (but not so junior) lawyer. 

Student Forum, Young Lawyers' Division

The Straight Dope: A Reference Guide to Cannabis Laws in Ontario

  • November 26, 2018
  • Mark Asfar, lawyer with Momentum Law

Canadians now live in a brave new world of legalized possession and consumption of cannabis. Individuals and businesses are going to their lawyers for advice on what is and is not permitted under the new rules, and lawyers have been left to scramble through mountains of dense legislation and a provincial patchwork to find answers for their clients. If you are one of those lawyers looking for answers, or just trying to stay up to date on the general changes, then this article is for you.

Student Forum, Young Lawyers' Division

Diarize and Deal with Administrative Dismissal Under Rule 48.14

  • October 01, 2018
  • Ivan Mitchell Merrow

On January 1, 2017, a new administrative dismissal regime came to Ontario. Actions in the Ontario Superior Court of Justice are now administratively dismissed pursuant to Rule 48.14 if the actions have not been set down for trial (or terminated by any means) by the 5th anniversary of the commencement of the action. Read on for a review of Rule 48.14 and its Small Claims Court counterpart, Rule 11.1.01.

Student Forum, Young Lawyers' Division

Constructive Dismissal Review: Spotlight on Compensation

  • October 01, 2018
  • Nida Sohani

In the context of constructive dismissal, what amounts to “substantial” change to an "essential" term of an employment contract? Specifically, when does a refusal to pay or reduction in employee compensation qualify as constructive dismissal? Recent case law suggests that while refusal to pay a bonus or vacation compensation may be a breach of contract, they may not be "essential" enough to trigger a constructive dismissal. Read on to learn more.

Student Forum, Young Lawyers' Division

The Lawyer Licensing Process: A Time for Change?

  • October 01, 2018
  • Tahir Khorasanee

On May 24, 2018, the Law Society of Ontario (“LSO”) released “Options for Lawyer Licensing: A Consultation Paper”. In the paper, the LSO provides four lawyer licensing options for consideration. What are the four options? What are the advantages and disadvantages of each one? Read on to find out more.

Student Forum, Young Lawyers' Division

How to Find Your Fit

  • September 14, 2018
  • Alison Southern

Whether you’re in the midst of your job search, or you have been feeling unfulfilled in your current role, here are some tips for helping you find your perfect career fit.

Student Forum, Young Lawyers' Division

The Dirt on Contaminated Land and Personal Environmental Liability

  • June 14, 2018
  • Giselle Davidian

Lawyers practising in a variety of areas, such as real estate, municipal/planning, insurance or estate law, will often approach my colleagues and me about a “one-off” contaminated land issue they are facing in a matter. Following is a brief overview of contaminated land and minimizing personal environmental liability.

Young Lawyers' Division

Getting Off the Record: When, why and how?

  • May 14, 2018
  • Laura A. Hunt

There are times in every litigator’s practice when he or she concludes that for one reason or another they can no longer act for their client. In order to get off record when a client does not agree, counsel must bring a motion seeking an order removing him or herself as lawyer of record. In doing so, there are three principal issues the lawyer must consider: when, why and how?

Student Forum, Young Lawyers' Division