Articles 2023

Aujourdʼhui
Aujourdʼhui

Hansman v Neufeld: Counter-Speech and Trans Rights

  • 17 novembre 2023
  • Rachel Allen (she/her), Amy Chen (she/her)

In 2023, the Supreme Court of Canada considered a defamation case revolving around the public criticism of transphobic and homophobic comments made by a school board trustee. The decision of Hansman v Neufeld emphasized the importance of counter-speech and recognized the trans community is a marginalized group deserving rights and protections under Canadian law.

Orientation et identité sexuelles, Student Forum

Ethical Requirements and Practical Tips for Litigating with Self-Represented Parties

  • 14 novembre 2023
  • Katherine T. Di Tomaso

Representing a client in litigation where there is a self-represented party can be challenging for lawyers. Generally, the self-represented party does not have the awareness or understanding of substantive and procedural law that a lawyer has, which can lead to protracted proceedings and additional legal fees spent.

Droit des assurances, Student Forum
head-shot photo of author Jakob Wenzel

Insights from the Trauma-Informed Lawyering Panel

  • 13 novembre 2023
  • Jakob Wenzel

Understanding and addressing the impact of trauma on clients and practitioners is crucial for compassionate and effective representation. The Trauma-Informed Lawyering panel, co-hosted by Ontario Bar Association’s Elder Law Section and Family Law Section on November 3, 2023, offered valuable insights and strategies to enhancing legal services with a trauma-informed approach.

Elder Law, Droit de la famille, Student Forum

Panel Discussion: Human Rights and Equitable Outcomes

  • 09 novembre 2023
  • Brittany Ross-Fichtner

On October 30, 2023, the Chief Commissioner of the Ontario Human Rights Commission joined others to discuss a wide range of topics and best practices related to human rights and equity. The conversation and key takeaways are summarized below.

Avocats du secteur public, Student Forum
photo of award recipient Kate Dewhirst

Introducing your 2023 Susan Davidson Memorial Award for Excellence in Health Law Winner: Kate Dewhirst

  • 03 novembre 2023
  • Maria McDonald, Lonny Rosen, Sarah Virani

In this edition of the OBA Health Law’s Section Insider, we spoke with those who participated in nominating Kate Dewhirst, the 2023 recipient of the Susan Davidson Memorial Award for Excellence in Health Law. Kate is the founder of the law firm, Kate Dewhirst Health Law. Kate advises health care organizations on risk management, privacy, system integration, and credentialing issues.

Droit relatif à la santé, Student Forum

OLT Clarifies When Municipalities May Prescribe Affordable Housing Requirements in Official Plans

  • 02 novembre 2023
  • Matthew Lakatos-Hayward, Goodmans LLP

On September 6, 2023, the Ontario Land Tribunal (the “OLT”) issued its decision in Calloway REIT (Mississauga) Inc. v Mississauga (City) (the “Decision”). The OLT found that the Planning Act grants municipalities the authority to enact general policies encouraging and promoting affordable housing, but does not allow them to mandate specific requirements outside of inclusionary zoning.

Droit municipal, Student Forum

New OLT Rules for Expropriation Matters

  • 02 novembre 2023
  • Katie Butler, Borden Ladner Gervais LLP

The Ontario Land Tribunal (OLT) has published new rules for proceedings under the Expropriations Act. Specifically, the OLT has revised Part II (Expropriation Proceedings) of the OLT’s Rules of Practice and Procedure (the Rules). The new Rules are in effect as of October 13, 2023.

Droit municipal, Student Forum

Achieving Success in Mediating Catastrophic Injuries

  • 02 novembre 2023
  • Marshall Schnapp, BA, JD, LLM (ADR)

Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law. Significant amounts of money are often on the line. Since most civil cases settle before trial, a mediation session where the parties are brought together to negotiate with a neutral third party can be the pivotal moment in proceedings. In this article, I offer some thoughts on how to effectively mediate catastrophic injury cases.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Accelerated Development with the Risk of Environmental Violations

  • 30 octobre 2023
  • Aditi Kara

To meet the growing housing demands, the Ministry of Environment, Conservation and Parks has been undertaking extensive consultation regarding amending regulations for the Environment Protection Act and the Ontario Water Resource Act concerning dewatering construction sites ending on October 30, 2023. A closer examination of the proposed regulations reveals gaps that will inevitably lead to violations of environmental law.

Droit de l’environnement, Student Forum
photo of Alexandria Pike

Environmental Law Section Interview Series: Featuring Alexandria Pike

  • 27 octobre 2023
  • Alegria Rosales

Welcome to Issue No. 1 of the Environmental Law Section Interview Series. Our first guest is Alexandria Pike, partner at Davies. Alexandria shared interesting information about her background, interests, career path and perspective regarding the environmental law practice. We thank her for her time and candid responses. Check it out and enjoy the reading.

Droit de l’environnement, Student Forum