Articles

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

Editor: Yoann Emian

Today
Today

Court of Appeal Summaries (June 8 – 12, 2020)

  • June 19, 2020
  • John Polyzogopoulos

Following are our summaries of last week’s civil decisions released by the Court of Appeal for Ontario. There were four substantive decisions, but quite a few very short ones.

Civil Litigation, Student Forum

At-Home Learning: Legal Considerations and Challenges for School Boards

  • June 19, 2020
  • Sakshi Chadha and Shamim Fattahi, articling students, Keel Cottrelle LLP

The closure of Ontario's schools due to COVD-19 has raised a number of legal considerations. The unique circumstance of learning and working remotely marks a significant change in how school boards, students, schools and educators function. The OBA Education Law Section's recent CPD examined some of these legal considerations and challenges.

Education Law, Student Forum

Accommodation Issues in Post-Secondary Education

  • June 19, 2020
  • Kevin Roche

Ontario's publicly-funded school boards have created a uniform and structured approach to identifying and accommodating students with exceptionalities, however, inconsistencies remain at the post-secondary level where students can be left feeling alone and dejected. Reasonable accommodation must be available at Ontario's post-secondary institutions as well to ensure equitable opportunities for students.

Education Law, Student Forum
Jon Wigley

Celebrating the Late Jonathan Wigley, OBA Murray Klein Award for Excellence in Insolvency Law Recipient

  • June 18, 2020

The 2020 OBA Murray Klein Award for Excellence in Insolvency Law winner, Jon Wigley, a partner at Gardiner Roberts LLP, was a credit to the profession – a stellar lawyer, model of integrity and generous mentor. Sadly, Jon passed away before he could receive this honour. In this Q&A, two of Jon’s long-time friends and colleagues offer insight into why he was so highly regarded within the legal community and how his legacy will live on in those who benefitted from his sage advice and fine example.

Insolvency Law, Student Forum

Re-Cap of CCLHR & Elder Law CPD Program: Emergency Measures and the Impact on Older Adults and People with Disabilities

  • June 16, 2020
  • Deina Warren

On April 22, 2020 as part of the OBA’s Priority PD program the Constitutional, Civil Liberties and Human Rights law section joined with the Elder Law section to address key issues related to emergency measures for older adults, people with disabilities, and the lawyers who represent them. This article provides an overview of that program.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

"A Duty to Google?": Professional Competence for Employment and Labour Lawyers

  • June 16, 2020
  • Niveda Anandan, Osler, Hoskin & Harcourt LLP

The “duty to Google” is not a novel obligation imposed upon lawyers when considered in the context of practitioner competence. The term serves as simple reminder to lawyers of their responsibility to make use of information that is publicly and easily available.

Labour and Employment Law, Student Forum
Raising the Bar While Flattening the Curve: How Predictive Analytics are Supporting COVID-Era Employment Law Practices

Raising the Bar While Flattening the Curve: How Predictive Analytics are Supporting COVID-Era Employment Law Practices

  • June 16, 2020
  • Andrew Monkhouse, Monkhouse Law, Kim Condon, Blue J Legal

If we’ve learned one thing in recent months, it is the power of data. Statistical modeling revealed the importance of social distancing to “flatten the curve”. Now that restrictions are starting to ease, data is being used to guide decisions about when to resume normal activities.

Labour and Employment Law, Student Forum
Monitoring Employees: Practical Lessons from R v Jarvis

Monitoring Employees: Practical Lessons from R v Jarvis

  • June 16, 2020
  • Laura J. Freitag & Madeline A. Davis, Filion Wakely Thorup Angeletti LLP

Privacy law is still a nascent area of law in Canada. The Supreme Court of Canada case of R v Jarvis (“Jarvis”)—while decided in the context of section 8 of the Canadian Charter of Rights and Freedoms and the application of Criminal Code provisions—underscores some important concepts that could be imported to the employment context.

Labour and Employment Law, Student Forum
Apps to Assist the Labour and Employment Lawyer

Apps to Assist the Labour and Employment Lawyer

  • June 16, 2020
  • Jessica Fay and Janeta Zurakowski, Filion Wakely Thorup Angeletti LLP

The year is 2020. A global health pandemic hits. The courts and tribunals close. Lawyers almost universally start working remotely. But, the practice of labour and employment law must go on as both employees and employers continue to require legal advice, perhaps now more than ever. In this unique climate, how does a labour and employment lawyer manage a demanding practice? Well, there’s likely an “app” (or six!) for that.

Labour and Employment Law, Student Forum

How Do Mandatory Arbitration Clauses Work? Three Introductory Issues

  • June 16, 2020
  • Matthew Gordon

Mandatory arbitration clauses are becoming increasingly common in commercial contracts, from large-scale purchase and sale agreements to independent contractor consulting contracts, to consumer contracts (such as cellphone contracts). Three of the key aspects of a mandatory arbitration clause are the scope of the contract, the arbitrator selection, and the arbitration procedure. This article discusses all three.

Alternative Dispute Resolution, Student Forum