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

Editor: Yoann Emian


Serve Meals, Not Documents: Why young lawyers should engage in volunteerism, and how to get Involved with The Ottawa Mission

  • March 30, 2019
  • Marlee Olson

On February 21, the executive members of the Young Lawyers Division East Section traded in their business attire for aprons and hairnets to serve food at The Ottawa Mission as part of Lawyers Feed the Hungry. During this event, hot meals were served to more than 400 individuals over the course of just two hours. With dinnertime done and the tables cleared, I had two lingering questions in my mind: 1) why was that so rewarding, and 2) when could I do it again?

Student Forum, Young Lawyers' Division

The Joys of Being Grandfathered: An overview of legal non-conforming rights

  • March 30, 2019
  • Philip Osterhout, lawyer at Soloway Wright LLP

Suppose you own a house and want to open a restaurant on the ground floor. The applicable zoning by-law happens to permit that use on your property so you pull a building permit for the renovations, get a liquor license and start cookin’ with [TSSA-approved] gas. A week later, the City, in its wisdom, amends the zoning by-law to prohibit restaurant uses at your property. What do you do now?

Real Property Law, Student Forum, Young Lawyers' Division
Get to Know your Executive – Emad Mahdavi Ardekani, Member-at-Large

Get to Know your Executive – Emad Mahdavi Ardekani, Member-at-Large

  • March 28, 2019

In our continuing efforts to introduce you to your OBA Executive, we wish to introduce you to Emad Mahdavi Ardekani. Read on to learn more about Emad’s practice, his experiences, and his motivations for serving on the OBA Citizenship and Immigration Section Executive.

Citizenship and Immigration Law, Student Forum

Ethics and the In-House Counsel: A Summary

  • March 25, 2019
  • Errol P. Mendes

This article is a summary of a paper entitled “Ethics and the In-House Counsel: Going Beyond the Normal in Combating Labour Abuses”, which was first presented at Canadian Corporate Counsel Association’s National Conference in Toronto, Ontario in April-May 2018.

Canadian Corporate Counsel Association - Ontario Chapter, Student Forum

Section 3 Counsel and the Rebuttable Presumption of Capacity to Instruct

  • March 13, 2019
  • Daniel Paperny

The concept and role of section 3 counsel is inherently tricky, because counsel is, on one hand, tasked to represent individuals whose capacity is in issue, yet the lawyer is still bound by the Rules of Professional Conduct and Rules of Civil Procedure and duty-bound not to take or act on instruction if the client is found to lack the capacity to instruct.

Elder Law, Student Forum

“Transforming” Tarion: An Update

  • March 13, 2019
  • Heather Michel, Glaholt LLP

On February 20, 2019, the Ministry of Government and Consumer Services announced that the Progressive Conservative government of Ontario intends to revive the previous government’s efforts to transform Tarion Warranty Corporation, and will also be implementing initiatives to better protect purchasers of cancelled pre-construction condominium projects.

Construction and Infrastructure Law, Student Forum

Franchisor's Associates

  • March 13, 2019
  • Jonathan Mesiano-Crookston (Goldman Hine LLP), Debi Sutin (Gowling WLG) and Maryam Shahidi (Goldman Hine LLP)

The concept of the “franchisor’s associate” is one of the vaguest concepts under Ontario franchise legislation and one of the most perilous for individuals offering franchises.

Franchise Law, Student Forum

Blaney's Appeals: Ontario Court of Appeal Summaries (March 4 – 8, 2019)

  • March 13, 2019
  • John Polyzogopoulos

There were five substantive civil decisions released by the Court of Appeal for Ontario this week. In two of them, the Court continued to provide guidance on the “valid defence” analysis to be undertaken pursuant to the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

Civil Litigation, Student Forum