The Art of Practice

For lawyers with a higher calling, effective practice is an art. Check in for regular case summaries, practice points, client service tips and more.

Three people sitting in circle in a support group

Restorative Justice: An alternative path in sexual assault cases?

  • February 26, 2022
  • Interview with Jeff Carolin by Allison Lee

In an interview with OBA Criminal Justice Section newsletter editor Allison Lee, Jeff Carolin, a criminal defence lawyer with a restorative-justice-informed practice, recounts his experience representing a sexual assault complainant in a restorative justice process in Toronto, the first of its kind.

Scales of justice in front of a vaccine syringe and vial

Workplace Vaccine Policy Enforcement Under Scrutiny

  • February 26, 2022
  • Oksana Romanov

A law student with a passion for employment law reflects on a thorny topic that formed the focus of a recent OBA program – enforcing COVID-19 vaccination policies – and dissects the latest intel and insights from adjudicators in the know.

Young Black professional woman with long hair striking a ponderous pose

Don’t Let Your Hair Down!

  • February 26, 2022
  • Hamna Anwar

Criminal defence lawyer Hamna Anwar makes a request to senior counsel: When you are giving advice to junior lawyers who look up to you, please be mindful of the power of your words. Please do not provide advice that teaches young, racialized women to minimize themselves or play it small.

Looking down on a spiral staircase

Determining Liability in Stair Slip and Fall Accidents

  • December 13, 2021
  • Nabi Goudarzi (photograph taken by Y. Korany)

Stairway accidents result in numerous serious injuries and significant financial losses. A forensic structural engineer outlines the various aspects of stair construction that could affect its safe use, and the responsibilities of those connected to a stair slip-and-fall incident: the property owner, designer, homebuilder, and handrail installer.

Side image of a person's upper torso and neck, featuring many black ink tattoos, the most prominent of which is the words "They/Them" in cursive writing

What’s in a Pronoun? Two human rights tribunals find that misgendering in the workplace amounts to discrimination in employment

  • December 12, 2021
  • Giovanna Di Sauro (she/her), Tamara J. Sylvester (one/they/them) and Nicky Kim (she/her)

After summarizing two recent Human Rights Tribunal decisions that, for the first time, considered the issue of misgendering of gender non-conforming employees in the workplace as well as their employers' failure to address their complaints of discrimination seriously or at all, the authors highlight key findings and provide practical tips for organizations in light of these decisions.

A woman sits on a couch with her laptop on her lap, a notepad in her, and his the tip of the pencil in her mouth as she gaze into the distance in deep thought

SPILL: Where do you do your best thinking?

  • December 12, 2021

In a year that saw continued rejigging of our workspaces and schedules and, for some, a return to old routines, we wondered where busy lawyers were most frequently able to find focus and foster creativity. So, we asked members: “Where do you do your best thinking?”

Head shot photo of The Honourable Mary Jo Nolan

Celebrating The Honourable Mary Jo Nolan and a Career Committed to Empowering People

  • December 12, 2021
  • Mana Khami

The Honourable Mary Jo Nolan has devoted her decades-long career to advocating for access to justice for society’s most vulnerable, achieving many firsts along the way: first female case management master in Ontario, first female judge appointed to the Ontario Superior Court of Justice in Essex County, and now, first recipient of the OBA Award of Excellence in Alternative Dispute Resolution from the Southwest Region.

Woman lawyer sitting at a desk advising a male client

Lawyers’ Professional Obligations Regarding Language Rights in Ontario

  • December 12, 2021
  • Jean-Michel Richardson and Kenza Salah

An overview of the language obligations set out in the Rules of Professional Conduct of the Law Society of Ontario (LSO Rules) and examination of the scope of “language rights” contemplated by the LSO Rules, including recent legislative changes regarding access to justice in French in the province.