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

Editor: Victoria Shariati


Personality Rights of Dead Celebrities in Canada and Who Owns Them?

  • February 13, 2023
  • Govind K Chaturvedi

Personality rights of deceased celebrities have been the subject of debate for many years due to the continued popularity of these individuals beyond their death. Recently, two events have sparked renewed discussions on the matter. These events raise ethical and legal issues related to publicity, privacy, and intellectual property. This article will explore these issues through the lens of prior case law.

Student Forum, Information Technology and Intellectual Property Law

Tips for Business Lawyers on Getting Digital/Electronic Signatures

  • February 10, 2023
  • Kathleen Robichaud

This is a follow-up article to the one titled “Digital Signing of Documents for Business Lawyers”.  The purpose of that article was to help with considerations on the use of electronic, digital or remote signing. The purpose of this article is to provide tips on getting documents successfully signed digitally or electronically once the decision to use that method has been made.

Business Law, Student Forum

Importance of a Shareholders' Agreement

  • February 10, 2023
  • Jumi D. Odepe

A shareholders' Agreement is often overlooked by business owners. This shareholders' Agreement can assist the owners of the business entity to understand their rights, obligations, and expectations when it comes to their business dealings especially where there is conflict. It is important to assist clients to recognize why they require a shareholders' agreement where there is more than one shareholder in a business.

Business Law, Student Forum

SPECT Scans: Ontario Courts Grapple with a “Novel” Evidentiary Tool

  • February 10, 2023
  • Grace Murdoch

In recent years, single-photon emission computerized tomography scans (otherwise known as “SPECT” scans) have been the subject of debate in Ontario’s court rooms when evaluating brain injury claims. Whether the conclusions resulting from such scans can be admitted into evidence and for what purpose are increasingly becoming important questions in personal injury law.

Insurance Law, Student Forum
photo of Les Morley

Executive Profile: Introducing Les Morley

  • February 09, 2023
  • Angela Ogang, Newsletter Editor, OBA Citizenship & Immigration Law Section

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Read on to find out how Les Morley went from helping those among the prison population in Kingston who had admissibility hearings, refugee claims and deportation appeals, to handling a broad range of unusual cases and developing strategies for people in complicated situations.

Citizenship and Immigration Law, Student Forum
photo of author Crystal Heidari

Settlement Privilege: Exceptions and Considerations in Family Law

  • February 07, 2023
  • Crystal Heidari

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Family Law, Student Forum
photo of Rebecca Winninger

Raising the Bar on Foreign and Extra-Provincial Marriage Contracts: Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization Under the Family Law Act

  • February 07, 2023
  • Rebecca Winninger

Research Lawyer Rebecca Winninger considers whether an Ontario court will give effect to a Quebec marriage contract that says the parties will be separate as to property. Recent case law suggests that if the agreement does not specifically address equalization of net family property, it will be difficult to show the parties intended to contract out.

Family Law, Student Forum
photo of author Maria Golarz

Do Parenting Changes in Response to the COVID-19 Pandemic Create a New Status Quo?

  • February 07, 2023
  • Maria Golarz

Research Lawyer Maria Golarz reviews the longstanding principle that the status quo should be maintained until trial absent compelling reasons. She examines the case law considering this principle in the context of the COVID-19 pandemic. Where parents agree to changes because of concerns over the child’s safety or one of the parent’s employment conditions, does this create a new status quo to be maintained until trial?

Family Law, Student Forum

Bill C-7: Expanded Consent and Capacity Issues

  • February 07, 2023
  • Marie Kazmer, articling student, Hull & Hull LLP

Medical Assistance in Dying (MAID) is shifting. This article looks at upcoming amendments to the 2016 federal legislation. The author explains aspects of advance consent introduced in Bill C-7 which provides new perspective on who can and should be able to consent to MAID, as well as the timing and the level of consent required by those seeking medical assistance in dying.

Elder Law, Student Forum