Articles 2020

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Unafraid of Controversy: An Interview with Douglas Elliott

Unafraid of Controversy: An Interview with Douglas Elliott

  • June 27, 2020
  • Teddy Weinstein

In the second article in a series celebrating SOGIC’s 25th anniversary, Douglas Elliott, one of the section’s first co-chairs, talks about his part in producing lasting change in the fight for equality, from his time working on the OBA’s report on AIDS, up to the final decisive vote in Mont Tremblant that created SOGIC’s national section.

Sexual Orientation and Gender Identity Law, Student Forum
The Power of a Resilient and Creative Mind: how to transform COVID-19 into a positive outcome

The Power of a Resilient and Creative Mind: how to transform COVID-19 into a positive outcome

  • June 26, 2020
  • Delara Emami

Why resilience as a topic? I have read countless articles on mental well-being and the power and importance of being resilient. Resilience is a very sought after trait in all professions, particularly in the legal profession where we are constantly dealing with important decisions, challenges and obstacles put before us by our clients, our colleagues and our peers, while also managing our personal lives.

International Law, Student Forum
Jennifer Chan

The Case for Ongoing Loss of Earnings After Termination: A Summary of WSIAT Decision No. 233/20

  • June 26, 2020
  • Jennifer Chan

What happens when a worker has been dismissed for cause after they return to work following a compensable workplace accident? In Decision No. 233/20, the WSIAT adopts a contextual approach to addressing this issue and adjudicating post-termination entitlement to loss of earnings (LOE) benefits. In turn, the decision signals at further issue overlap between the jurisdictions of workers’ compensation agencies and the civil courts.

Student Forum, Workers' Compensation

Ontario Government to Launch COVID Alert, a Contact Tracing App, in July

  • June 26, 2020
  • Jennifer McKenzie, Amanda Branch and Raffi Dergalstanian

The Ontario government is championing the "privacy-first" approach that was used in developing COVID Alert, which will be the first government-backed digital contact tracing app to be rolled out in Canada.

Privacy Law, Student Forum

Case Note: R. v. Sulllivan

  • June 23, 2020
  • Teddy Weinstein

Section 33.1 of the Criminal Code states a person is guilty of a violent offence, even if they were so intoxicated that they did not know what they were doing, so long as that intoxication was self-induced. This month, the Ontario Court of Appeal declared the provision of no force or effect, declaring s. 33.1 unconstitutional for violating sections 7 and 11(d) of the Charter. This note summarizes this important decision.

Constitutional, Civil Liberties and Human Rights Law, Student Forum

Ontario Considers Eliminating Juries from Civil Trials

  • June 23, 2020
  • David Milosevic, Milosevic Fiske LLP

Ontario's Attorney General considers eliminating civil jury trials, as a response to the expected backlog created by the COVID-19 pandemic. David Fiske reviews the underlying reasoning.

Civil Litigation, Student Forum
Illustration of a woman standing and watching leaves float in the wind

Redefining Resilience

  • June 21, 2020
  • Rachel Migicovsky, Member-at-Large

What are lawyers worried about in the midst of a global pandemic? The issues are varied, from balancing childcare with work, to caring for vulnerable elderly family members, to financial concerns. Yet, there is a common thread: people are feeling the pressures of this moment in time and need a way to cope. In this article, Rachel Migicovsky discusses how building up resilience can help people acknowledge and accept the emotional distress they may be feeling.

Women Lawyers Forum, Student Forum