Latest Commentary

  • 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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    Speaker's Corner: Bill 101 has major shortcomings

    Earlier this year, a private member’s bill was introduced in the Legislative Assembly of Ontario for the purpose of amending the province’s Business Corporations Act. The apparent aim of bill 101, Enhancing Shareholders Rights Act, 2017 is to provide shareholders with greater opportunities for engagement and control within the corporate apparatus and to “modernize” Ontario’s corporate legislation.

    Graham King|Aug 21, 2017
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    Speaker's Corner: Terror ruling may impact Khadr case

    Recently, the Ontario Court of Appeal substantially upheld the Superior Court’s decision in Tracy v. Iran. Previously, the Superior Court had recognized U.S. default judgments in favour of victims of terrorist groups sponsored by the Iranian government and, in turn, ordered that Iran’s state assets located within Canada be paid to the victims. The decision was the first of its kind in Canada under the Justice for Victims of Terrorism Act.

    Lincoln Caylor and Nathan Shaheen|Aug 14, 2017
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