Articles

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

Editor: Yoann Emian

Today
Today
2020 Forum on Diversity on the Federal Bench

2020 Forum on Diversity on the Federal Bench

  • September 22, 2020
  • Angela Ogang, newsletter editor, OBA Young Lawyers Division (Central)

The need to combat systemic racism in the courts and the importance of bringing more people of colour into the judiciary were among the topics discussed during a legal forum, which featured the Honourable David Lametti, Minister of Justice and Attorney General of Canada, and four trailblazing women from the legal community.

Student Forum, Young Lawyers' Division

The Disparate Effects of the COVID-19 Pandemic on Tax Litigators and Tax Planners

  • September 22, 2020
  • Milosz Zak, associate, Farber Tax Law

Specialization is much lauded within the legal profession, with lawyers touting themselves as experts in one field or another. However, the shift of work from tax litigation to tax planning during the lockdown and beyond made those few tax law practitioners who are versatile in both areas far more competitive than those who just focused on tax litigation alone. If the COVID-19 pandemic has demonstrated anything, it is the necessity for professional versatility—at the very least—in tax law.

Student Forum, Young Lawyers' Division

Respecting the Fundamental Rights of Children

  • September 22, 2020
  • Brock Jones

Children always have the right to independent legal advice. In Justice for Children and Youth v. J.G., 2020 ONSC 4716, the Divisional Court reviewed a decision by a Superior Court Judge denying a child access to independent legal advice in the context of a high custody dispute between his parents over custody and access. The judgment contains powerful statements on the rights of children and the importance of courts respecting them as independent decision-makers.

Child and Youth Law, Student Forum
Remembering the Late Master Robert Muir, Beacon of the Bench and Founding Member of SOGIC

Remembering the Late Master Robert Muir, Beacon of the Bench and Founding Member of SOGIC

  • September 20, 2020
  • Teddy Weinstein

The first openly gay Master ever appointed in Canada, Master Robert Muir is remembered by friends and colleagues as a model of professionalism and mentorship whose legacy will live on in the many members of the justice community who benefitted from his thoughtful leadership and instrumental support.

Sexual Orientation and Gender Identity Law, Student Forum
Pro Bono Ontario’s Hotline: 21st Century Public Legal Service Delivery

Pro Bono Ontario’s Hotline: 21st Century Public Legal Service Delivery

  • September 16, 2020
  • Ivan Merrow, Glaholt Bowles LLP

Joining the PBO team left me feeling optimistic about the future of legal services. From the perspective of a first-time volunteer, I wanted to share my experience, and a few key takeaways from a day helping folks on a legal help hotline.

Student Forum, Young Lawyers' Division
Liability and Autonomous Cars

Liability and Autonomous Cars

  • September 16, 2020
  • Caroline Szczuka

While self-driving cars are an exciting advancement from a technological viewpoint, they raise questions around claim eligibility in the event of a car accident. There should also be clarity around who is accountable for vehicle failure, whether insurance companies can access the vehicle’s on-board technology to determine liability, and how costs will be shared in the event that software failure and human error both contributed to the crash.

Insurance Law, Student Forum, Information Technology and Intellectual Property Law and 1 more..., Young Lawyers' Division

The New Normal: Commissioning Affidavits in 2020 and Beyond

  • September 16, 2020
  • Farhad Shekib, Ricketts Harris LLP

On August 1, 2020, O. Reg. 431/20: Administering Oath or Declaration Remotely came into force. This article outlines the conditions that must be met when commissioning affidavits remotely, and highlights the importance of becoming familiar with remote commissioning best practices.

Student Forum, Young Lawyers' Division
Maintaining Privacy Standards While Working from Home During COVID-19

Maintaining Privacy Standards While Working from Home During COVID-19

  • September 11, 2020
  • Barbara Walancik, Koskie Minsky LLP

The sudden shutdown of many offices resulting from the declaration of states of emergency following the outbreak of COVID-19 in Canada meant an entire workforce was suddenly working from home. While we live in an era where most businesses are prepared and equipped for their employees to work remotely, many were left scrambling to continue "business as usual". This article outlines the key steps employers can take to address the privacy risks created by work-from-home arrangements.

Labour and Employment Law, Student Forum

Court of Appeal Summaries (August 24 – 28, 2020)

  • September 08, 2020
  • John Polyzogopoulos

Please find below our summaries of the civil decisions released by the Court of Appeal for Ontario during the week of August 24 to 28, 2020. There was a plethora of decisions released.

Civil Litigation, Student Forum