Latest Commentary

  • 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
  • Nikolay Y. Chsherbinin

    Labour Pains: Dishonesty and just cause dismissal

    A single act of dishonesty may constitute cause for dismissal, even if the specific incident is of minor consequence. It is not so much the dishonest act itself; rather it is the revelation of a character that is untrustworthy that provides the legitimate basis for termination of the employment relationship.

    Nikolay Y. Chsherbinin|Aug 8, 2017
  • Gabrielle Giroday

    Editorial: Wise Iacobucci

    There is surging public awareness and interest in Canada’s relationship with indigenous peoples. There are the daily headlines that chronicle controversy around indigenous representation and identity.

    Gabrielle Giroday|Aug 8, 2017
  • Ian Harvey

    Inside Queen's Park: Dreams of digital justice process still elusive

    The process of justice of justice never sleeps. Oh, it may doze off now and then or get ensnarled in the weight of its own petard, but it surely keeps grinding along. There isn’t a single stakeholder in the Ontario justice system, however, who doesn’t recognize there are serious issues.

    Ian Harvey|Jul 31, 2017
  • Gabrielle Giroday

    Editorial: Children first

    Law Times reports that the Ontario Court of Appeal has ruled that a foster mother can be named a party in a child protection case, if it’s in the child’s best interests. The story details how lawyers who represent parents in child welfare proceedings say the decision in A.M. v. Valoris Pour Enfants et Adultes de Prescott-Russell is of concern, because the ultimate implications of such proceedings can result in the permanent abolishment of the child-parent relationship.

    Gabrielle Giroday|Jul 24, 2017
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