Articles

About Articles The articles below are published by the Young Lawyers Division of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Matilda Lici - Central Region; Vanessa Carment - East Region

Today
Today
To Sue or Not to Sue for Defamation: Ontario Libel Notices and Limitation Periods

To Sue or Not to Sue for Defamation: Ontario Libel Notices and Limitation Periods

  • June 21, 2022
  • David Potts

Many plaintiffs find their libel actions barred right at the start for failure to comply with the notice provisions of the Libel and Slander Act ("LSA") when required. However, sometimes the notice provisions have absolutely no application at all. In this article, the fourth in the series “To Sue or Not to Sue for Libel,” cyber libel expert David Potts briefly addresses what publications are covered by the LSA and at what stage of the proceedings the determination is made.

Student Forum, Young Lawyers' Division
head-shot photo of author Natalie Garvin

All Good Things Come to an End: Court of Appeal Overturns Rahman Decision that Distinguished Waksdale

  • June 15, 2022
  • Natalie Garvin

The Court of Appeal for Ontario has now overturned the Superior Court of Justice’s decision in Rahman, finding that the “just cause” provision in the employment contract contravened the Employment Standards Act, 2000. This is yet another decision confirming and applying Waksdale and its strict interpretation of employment agreements regardless of contextual factors and the sophistication of the parties.

Student Forum, Young Lawyers' Division
photo of the supreme court of canada

A Supreme Evening with Honourable Justice Rosalie Abella and Honourable Justice Mahmud Jamal

  • June 04, 2022
  • Angela Ogang

It’s not every day that one gets to rub shoulders with judges of the Supreme Court of Canada. In fact, the closest I had ever been to a Supreme Court judge prior to last week’s Gala dinner at the Ritz-Carlton in Toronto was back in 2007 when I visited Ottawa and signed up for a tour of the highest court in the land. So, you can imagine how thrilled I was to attend the OBA gala in honour of Justice Rosalie Abella and Justice Mahmud Jamal on May 26, 2022. And what a supreme evening it was, indeed!

Student Forum, Young Lawyers' Division
photo of Osgoode Hall

To Sue or Not to Sue for Defamation: How Are Internet Libel Actions Different from Offline Libel Actions? (Part 2)

  • June 04, 2022
  • David Potts

Most lawyers retained on cyberlibel actions never ask themselves how internet and offline libel actions differ, to the detriment of their client. Admittedly, it is a large and complex topic, and it requires an understanding of internet technology, reputation management, information warfare and strategic studies as well as defamation law, so in this article, I will just sketch the differences. 

Student Forum, Young Lawyers' Division

Why I Take on Law Students and Make it a Successful Experience

  • May 30, 2022
  • Ceilidh Joan Henderson

Many lawyers have had an eager bright law student send them an email asking for an internship opportunity. Lawyers often feel swamped with that feeling of I can’t divide my attention any further. My advice, having a student can be rewarding, and productive, you just have to figure out what works for you and them.

Student Forum, Young Lawyers' Division

Straddling the Border in R v Desautel: Is there Room in Canada’s Constitution for the Métis Communities Living in the United States?

  • May 30, 2022
  • Caroline Bélanger-Hilaire

In this short piece, I would like to explore how Métis communities in the United States (“US”) could claim Canadian constitutional rights by making references to the fresh legal perspective advanced in Desautel. In a potential future case where Métis in the US might claim s. 35 Canadian constitutional rights, I advance the position that s. 35 should be interpreted in a purposive way that includes Métis people who were forced to move elsewhere or on whom international boundaries were imposed.

Aboriginal Law, Student Forum, Young Lawyers' Division

A Reflection on a Young Lawyer’s Experience on the OBA Young Lawyers Division-East’s Executive

  • May 30, 2022
  • Susana May Yon Lee, Cassidy Levy Kent (Canada) LLP

As I conclude my term as Past Chair of the Ontario Bar Association’s Young Lawyers Division-East (“OBA YLD-East”), I want to reflect on how my experience on the OBA YLD-East Executive has helped me develop as a young lawyer. While the paths of all lawyers are unique, I wanted to share some of the lessons that I have learned in case it’s helpful for others thinking of joining the OBA executive or serving in similar roles.

Student Forum, Young Lawyers' Division
Photo of Osgoode Hall

To Sue or Not to Sue for Defamation: How Are Internet Libel Actions Different from Offline Libel Actions? (Part 1)

  • May 07, 2022
  • David Potts

There is still very little recognition among many lawyers of the differences between internet defamation proceedings and offline defamation proceedings, and even less recognition of the practical consequences of the two forms of defamation proceedings. The next article will summarize the major differences between online and offline libel litigation and their consequences. Here, I will simply sketch some of the important characteristics of the internet.

Student Forum, Young Lawyers' Division