Articles

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

Editor: Yoann Emian

Today
Today

Empowering Endings: Insights from OBA’S “Comprehensive End-of-Life Planning” Program

  • December 05, 2023
  • Yalda Mousavi, articling student, WeirFoulds LLP

On October 19, 2023, experts gathered on the OBA’s panel and provided meaningful insights on comprehensive end-of-life planning. Beyond wills, the panel emphasized the importance of key documents, such as powers of attorney and advance care directives, to ensure that end-of-life wishes are well understood, documented, and followed. The audience was also reminded of the significance of family involvement, transparent communication, and early initiation of uncomfortable discussions.

Elder Law, Student Forum, Trusts and Estates Law

COVID-19 Fails to Constitute “Direct Physical Loss or Damage” at Court of Appeal

  • November 30, 2023
  • Thomas Russell

As the world struggles to recover from the effects of the COVID-19 pandemic, one question that has been gaining some attention in the world of insurance is: in what circumstances did COVID-19 trigger coverage for business interruption under property policies? A Review of the 2023 Ontario Court of Appeal Decision in SIR Corp. v. Aviva Insurance Company of Canada.

Insurance Law, Student Forum
head-shot photo of author Christine Marchetti

On Being Weary

  • November 30, 2023
  • Christine Marchetti

The COVID-19 pandemic left many family lawyers burned out between increasing demands on their personal and professional time along with growing incivility. Despite this, there were also moments of connection and goodness. How do we move forward? Christine Marchetti offers her reflections on maintaining resilience and how we can reestablish equilibrium.

Family Law, Student Forum

Why the Practice of Family Law Has Become So Stressful

  • November 30, 2023
  • Steven Benmor

Family law is becoming increasingly burdened by high stress, combative lawyers, and unfair judicial rulings. Lawyers, judges and clients are all accountable. Some clients demand an aggressive approach, lawyers justify it, and judges resist penalizing it. Good advocates are motivated by the goal of serving the public good, protecting children from trauma and helping parents solve family problems collaboratively, rather than contributing to the conflict.

Family Law, Student Forum
head-shot photo of author Ilana Arje-Goldenthal

How to Deal with Difficult Parties and Counsel in Family Law Matters

  • November 30, 2023
  • Ilana Arje-Goldenthal

In the practice of family law, we frequently encounter “difficult” personalities. It might be our own client, opposing counsel, or a self-represented party. Often managing these individuals and the relationships we have with them is the most challenging aspect of what we do as family law lawyers. This article sets out strategies that have worked for Ilana Arje-Goldenthal in managing these relationships, and hopefully they will prove helpful to you too.

Family Law, Student Forum

Enhancing Access to Justice for Seniors: A Student Perspective

  • November 30, 2023
  • Logan Dillon, caseworker with the Queen’s Elder Law Clinic

This article details the Queen’s Elder Law Clinic's (QELC) initiatives to improve access to justice for seniors in South Eastern Ontario. Run by Queen’s law students, the QELC provides free legal services, specializing in drafting wills and powers of attorney. Offering pro-bono estates and elder law services to local seniors facing financial constraints and diminished capacity challenges, it emphasizes a client-centric approach and provides invaluable client-facing work experience for students.

Elder Law, Student Forum
head-shot photo of author Geneviève Fauteux

The Rules of Professional Courtesy: Recent Lessons and Reminders from Caselaw on Civility

  • November 28, 2023
  • Geneviève Fauteux

Communicating with opposing counsel can be tricky when procedural and practical issues arise in a given matter. In her article, Geneviève Fauteux reviews recent caselaw focusing on best practices, and requirements, for how lawyers should act when faced with reasonable requests for extensions.

Student Forum, Young Lawyers' Division
head-shot photo of author James McCarthy

Legal Research Tips

  • November 27, 2023
  • James McCarthy

It is a universal truth that every law student and young lawyer has, at one point, sat down to tackle a research question and been left staring at a blank computer screen, wondering where best to begin. Luckily, James McCarthy has five great pointers to help get the research started.

Student Forum, Young Lawyers' Division

What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions

  • November 27, 2023
  • Laura Pettigrew

The article summarizes a panel discussion, What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions, from the October 20, 2023 Canadian Bar Association Child and Youth Law Section's Child and Youth Law & the Youth Criminal Justice Act (YCJA) Online Symposium.

Child and Youth Law, Student Forum