Articles

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

Editor: Yoann Emian

Today
Today

Opportunities for Law Students in the Age of COVID-19 and Beyond: a resource list for in-house counsel

  • June 21, 2020
  • Barbara De Dios, corporate counsel, Canadian Dental Services Corporation

The Canadian Corporate Counsel Association - Ontario Chapter has compiled a resource list of career development divisions and contacts at various law schools across the province of Ontario, in the event that its members may have opportunities available at their respective organizations (or know of opportunities within their networks), in support of students who may be experiencing difficulties with the job market as a result of COVID-19.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

FCA Confirms CASL is Constitutional, but Limits Business Communications Exemption

  • June 21, 2020
  • Molly Reynolds, Ronak Shah, Andrew Bernstein and Saambavi Mano

The Federal Court of Appeal recently dismissed an appeal against two CRTC decisions regarding enforcement actions under CASL. In addition to upholding the Commercial Electronic Message provisions as constitutional, the Court provided clarity on the “business-to-business” and conspicuous publication exemptions, as well as the unsubscribe mechanism requirements.

Privacy Law, Student Forum

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