Latest Commentary


  • Charles Gluckstein

    Proceed cautiously on ABS

    Ontario lawyers are currently being asked to share their opinions on alternative business structures in the province. If accepted, this would mean the delivery of legal services through civil society organizations to facilitate access to justice. I believe that alternative business structures — known as ABS — have the potential to have a positive effect in Ontario, especially when viewed from the perspective of increasing access to justice.

    Charles Gluckstein|Sep 25, 2017
  • Gabrielle Giroday

    Contingency caution

    Controversy over contingency fees isn’t new. However, a ruling this week in the family law realm has important takeaways. In Jackson v. Stephen Durbin and Associates, Ontario Superior Court Justice Thomas Lofchik ordered a Toronto law firm to refund a $72,000 premium it charged to a family litigant for the favourable result achieved at trial in a custody battle.

    Gabrielle Giroday|Sep 25, 2017
  • Gabrielle Giroday

    Criminalization critique

    Last week, justice ministers from across the country met in Vancouver to discuss a range of pressing issues, notably marijuana legalization. But advocates for the rights of people living with HIV were paying close attention, as another item was on the agenda — discussions around how the criminal law is applied against people living with HIV, regarding their disclosure to sexual partners.

    Gabrielle Giroday|Sep 18, 2017
  • Rebecca Bromwich

    Consider research when it comes to polyamory

    This July, in R. v Blackmore, 2017 BCSC 1288, a Canadian court rendered the country’s first polygamy convictions in more than a century. There can be little doubt that convictions rendered against breakaway FLDS Mormon polygamists Winston Blackmore and James Oler were a correct application of the current law, laid out in s. 293 of the Criminal Code of Canada.

    Rebecca Bromwich|Sep 18, 2017
  • Gabrielle Giroday

    Bail under scrutiny

    The ticking clock on court delays imposed by Jordan continues to run, with a range of results. Law Times reports that the Ontario Court of Justice launched a pilot project earlier this month to see whether having judges conduct bail hearings could reduce delays in the criminal justice system. Normally, it is justices of the peace who hear bail proceedings — a practice that has drawn the ire of some critics who feel this should be handled only by lawyers.

    Gabrielle Giroday|Sep 11, 2017
  • Senem Ozkin

    A call for change in bail

    It is an undeniable fact that bail courts in Ontario are in crisis. What seems to be becoming even clearer is that no amount of attention to spotlight the issues is enough to fix them.

    Senem Ozkin|Sep 11, 2017
  • Gabrielle Giroday

    Protest protested

    Lately, the act of public protest — particularly on public grounds — is getting more scrutiny than ever before. Therefore, the legal elements of the recent ruling in Bracken v. Fort Erie (Town), 2017 ONCA 668 may have important implications for municipalities across Ontario.

    Gabrielle Giroday|Sep 5, 2017
  • Yavar Hameed

    A crisis of values over articling

    Talk of the articling crisis has become white noise. Unfortunately, we have now internalized it: It has become a crisis of values within the profession.

    Yavar Hameed|Sep 5, 2017
  • Jeffrey Lem

    Rule against perpetuities remains alive

    I am convinced there is an entire generation of real estate lawyers that simply do not know what the rule against perpetuities actually is.

    Jeffrey Lem|Aug 28, 2017
  • Gabrielle Giroday

    Editorial: Suspension tension

    Issues around lawyer discipline frequently garner headlines. In this issue, Law Times has its third piece in a four-part series examining lawyer discipline. The series has illuminated the skyrocketing number of interlocutory suspensions sought by the Law Society of Upper Canada since 2012.

    Gabrielle Giroday|Aug 21, 2017
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