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.

Magnifying glass magnifies document and cardboard-cut-out-style suspects

The Original Will is Not Available: A case study

  • September 06, 2022
  • Susannah B. Roth

The case of Mister Bull, Madame Curie, a modest Ontario bank account and a missing will provides executors with a lesson in overcoming an international impasse with “proof in solemn form” and an example of a predicament that could have been prevented with an expertly prepared estate plan.

Photo of young female attorney preparing notes at table in court with law books, laptop and scales of justice

Your First Appeal at the OCA: Tips from the gurus

  • June 13, 2022
  • Nancy Sarmento Barkhordari

Navigating appeals to the Court of Appeal for Ontario can be a challenge for any lawyer, but new lawyers navigating their first appeal are probably doubly stressed, particularly if they are working alone, and especially where the appeal is complicated by a motion to quash. Nancy Sarmento Barkhordari offers a fantastic ensemble of gems from the gurus of appellate advocacy.

Illustration of father working on computer with baby in his lap

From Juris Doctor to Juris Daddy: Tips for new-father lawyers

  • May 31, 2022
  • Sherif Rizk

From establishing limits and availing yourself of resources, to building your back-up network and creating routines that capitalize on your capabilities and capacity, a sole practitioner shares his advice on balancing a busy practice with fatherhood.

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.