Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Yoann Emian

Today
Today
Marian Serna

Privacy: Legal and Business Needs

  • October 28, 2020
  • Marian Serna

When it comes to privacy, understanding the applicable legislation is just the first step for a legal professional. Balancing individuals’ privacy needs with businesses’ ability to implement adequate privacy and cybersecurity protections is troublesome. To understand our role as legal professionals in the privacy industry, we first need to appreciate the ecosystem’s external and internal quirks. This article aims to provide insights into the practicalities of privacy.

Privacy Law, Student Forum

Considering Intersections: Client Services and Gender Discrimination

  • October 27, 2020
  • Birute Luksenaite, Founder and Lawyer, Portfolio Estate Law

I am a new member of the OBA Women Lawyers Forum Executive and I am excited to share my first article for the WLF’s article page and Section Insider. I wanted my first contribution to be something positive and inspiring for women lawyers, but a few experiences in my solo tax and estates practice (since launching it in 2019) raise certain persistent issues prevalent in our profession.

Women Lawyers Forum, Student Forum
Amee Sandhu

Coping with COVID: 4 Reasons To Take A Family Hike

  • October 22, 2020
  • Amee Sandhu, Lawyer and Founder, LexIntegra

COVID-19 has been a challenging time with work, building a business, and my three kids (10 and under) at home for six months.  Even when not living through a pandemic, I find it difficult to make time to prioritize my health and wellness.

Women Lawyers Forum, Student Forum

Let’s Talk About Imposter Syndrome in the Legal Profession

  • October 22, 2020
  • Thijiba Sinnathamby

An estimated 70 per cent of people experience feeling like an imposter at some point in their lives. While imposter syndrome affects everyone, women and in particular, Black, Indigenous and People of Colour (“BIPOC”) women are uniquely affected by imposter syndrome. 

Women Lawyers Forum, Student Forum

Government of Canada Announces Proposed Regulations for Single-Use Plastics

  • October 21, 2020
  • Richard J. King, Jennifer Fairfax, Patrick G. Welsh, and Isabelle Crew

The Federal Government has recently announced proposed regulations for single-use plastics. From a plastics ban, to recycled content requirements, to extended producer responsibility schemes, this article provides a high-level overview of the proposed measures being contemplated by the Federal Government, and outlines next steps for stakeholders that may be impacted by them.

Environmental Law, Student Forum

Whither the Canadian Federal Government’s Proposed Plastics Regulatory Plan? Will the public and the provinces support federal government efforts to ban and regulate single-use and other plastics in the wake of COVID-19?

  • October 21, 2020
  • David McRobert

On Oct. 7, 2020, federal Environment and Climate Change Minister Jonathan Wilkinson announced the federal government would draft regulations to add “plastic manufactured items” to the Schedule 1 list of toxic substances under the Canada Environmental Protection Act (CEPA) by December 2021. This article looks at various aspects of the proposed federal plastics regulatory plan, including potential complications arising from the public and provinces.

Environmental Law, Student Forum
How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

  • October 21, 2020
  • David McRobert, Dana Jordan and Meghan Ostrum

The COVID-19 pandemic has highlighted how a health and related economic crises can block or significantly delay carefully crafted legal and regulatory responses to environmental problems. In the wake of concern about rapid transmission of COVID-19, public health officials, the health care sector, and the plastics industry (and the food and beverages sector) are exerting considerable pressure to relax efforts to regulate plastics and phase-out single use plastics (SUPs).

Environmental Law, Student Forum

Court of Appeal Summaries (October 13 – October 16, 2020)

  • October 20, 2020
  • John Polyzogopoulos

There were only two substantive civil decisions release by the Court of Appeal for Ontario this past week. Both related to the enforcement of settlements, one of a debt, the other of a medmal claim.

Civil Litigation, Student Forum

Not Waiving, but Drowning: Supreme Court of Canada Kills Waiver of Tort as an Independent Cause of Action

  • October 20, 2020
  • Suzanne Chiodo, assistant professor, Western Law

After decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp Inc v Babstock, released on July 24, 2020, the Supreme Court of Canada killed off the concept once and for all. What is waiver of tort, how did it arise in this case, and why its sudden demise?

Class Actions, Student Forum

Does Your Client Need a Court Order in a Charitable Matter? Maybe the OPGT Can Help

  • October 19, 2020
  • Charitable Property Program of the Office of the Public Guardian and Trustee

First published in 2014 by the Charitable Property Program of the Office of the Public Guardian and Trustee, this article has been updated and provides guidance on how to obtain a court order in connection with certain charitable matters.

Charity and Not-For-Profit Law, Student Forum