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

Editor: Victoria Shariati


Family Law Disclosure Rules

  • June 22, 2023
  • Frances Wood

The need for full and frank financial disclosure is well known among the family law bar and has been the subject of numerous Court of Appeal decisions. But, the proper route to getting that disclosure as efficiently and effectively as possible can be something of a quagmire. In this paper, we review the fundamental mechanics of the Family Law Rules regarding disclosure.

Family Law, Student Forum

A Deep Dive into Shared Parenting: Families and Finances

  • June 21, 2023
  • Amy Ariganello, law student, Justice for Children and Youth

Navigating a shared parenting arrangement requires careful consideration of what we understand “shared parenting” to mean in various contexts. In the OBA event hosted on June 2, 2023, esteemed panellists discussed the latest developments regarding shared parenting and provided practical insights about all aspects of navigating shared parenting arrangements.

Child and Youth Law, Family Law, Student Forum

Clare's Law - The Need for Domestic Violence Law Reform

  • June 19, 2023
  • Shelby Firth

Clare’s Law is a domestic violence disclosure scheme first introduced in the UK that allows police to disclose previous abusive or violent offending(s) of a current/ex-partner to a victim/potential victim of domestic abuse. This article explores Clare’s Law and its potential implementation in Ontario to address cases of intimate partner violence.

Family Law, Student Forum

Mental Health and More

  • June 19, 2023
  • Christine Roth

Being a family law lawyer is hard. Remember to reach out to colleagues and make connections to protect your mental health.

Family Law, Student Forum
photo of Neha Chugh

Neha Chugh: Addressing Bias Against Trans Communities One Juror at a Time!

  • June 19, 2023
  • Tamara J. Sylvester (they/them)

Recently, the Supreme Court's obiter comments in Chouhan were put to the test. The Ontario Superior Court in R v K.P. granted an application to challenge prospective jurors for cause on the ground that they may be biased against transgender individuals in the community of Cornwall. The lawyer behind the compelling application was Ontario’s very own Neha Chugh. Chugh, who practises criminal, family and child protection law in Eastern Ontario, is no stranger to the spotlight or commendation.

Sexual Orientation and Gender Identity Law, Student Forum

Ontario Superior Court Dismisses Climate-Related Charter Application

  • June 16, 2023
  • Kimberly Potter, partner, Fasken; Anastasia Reklitis, associate, Fasken

The Ontario Superior Court of Justice recently released Mathur v. Ontario, a landmark climate litigation decision. The seven applicants (between the ages of 15 and 27), sought declarations of constitutional invalidity related to Ontario’s legislated greenhouse gas emissions reduction target. The court expressed sympathy for the applicants’ environmental concerns but concluded that based on “the current state of the law” it could not find Charter violations in the circumstances before it.

Constitutional, Civil Liberties and Human Rights Law, Student Forum
photo of Stuart Rudner

The Benefits of ADR for Human Rights Complaints

  • June 16, 2023
  • Stuart Rudner

Even when not mandatory, mediation can provide parties in a human rights dispute with an opportunity to creatively design a process and achieve an outcome that works for them.

Labour and Employment Law, Student Forum

Ontario Amends the Mining Act to Streamline Closure Planning and Mineral Recovery Requirements

  • June 16, 2023
  • Joanna Rosengarten, partner, and Matthew Lakatos-Hayward, associate, Goodmans LLP

This article provides an overview of forthcoming amendments to the Mining Act introduced through the passage of Bill 71, the Building More Mines Act, 2023, on May 18, 2023. The amendments are being made as part of Ontario's critical mineral strategy and are intended to create conditions that allow mines to be built and operated more efficiently.

Environmental Law, Student Forum

“Green” Hydrogen Power: Utilizing Water to Reach Net-Zero

  • June 16, 2023
  • Aaron Atcheson, partner, and Kyle Bertsch, associate, Miller Thomson LLP

Aaron Atcheson and Kyle Bertsch provide a timely update on key considerations, including potential environmental permitting requirements and impacts on infrastructure assets, in the adoption of hydrogen power as a source of renewable energy.

Environmental Law, Student Forum

Does Your Estate Have a Family Law Equalization Claim After Death? Bradford Estate v. Kingdon, 2022 ONSC 6204

  • June 16, 2023
  • Amelia Yiu, Elm Law Professional Corporation

The recent case of Bradford Estate v. Kingdon, 2022 ON SC 6204 should be of great interest to elder law practitioners as it interprets the Family Law Act in such a way that could create a great inequity for clients in very specific circumstances. Specifically, this case impacts clients who are going through what the media would term “grey divorce”, meaning they are separating from their spouse as an older adult.

Elder Law, Student Forum