Latest Commentary


  • Gabrielle Giroday

    Chaos theory

    Sep 24, 2018

    In the recent legal drama around Ontario’s move to chop the size of Toronto’s city council, it was common to hear some members of the public decry that something was terribly wrong with the judicial system as well as with our democratic institutions.

    Gabrielle Giroday|Editorial Obiter
  • Gabrielle Giroday

    Never a dull moment

    Sep 17, 2018

    Admittedly, when I heard about the move by lawyers to challenge Ontario over the constitutional validity of cutting the Toronto council wards in the midst of an election cycle, I had my doubts about its success.

    Gabrielle Giroday|Editorial Obiter
  • Kady O'Malley

    Political financing under scrutiny

    Sep 17, 2018

    Heads up, shy and retiring partisans. If you’re among the thousands of Canadians who regularly, if quietly, exercise their democratic right to fork over their hard-earned cash for the chance to get up close and personal — or at least be in the same room as — your federal party leader of choice, the details of your participation in such after-hours political activities may soon be a matter of public record.

    Kady O'Malley|The Hill
  • n/a

    The case against a right to be forgotten

    Sep 17, 2018

    There is no right to be forgotten in Canada. In other words, there is no general right to have information about oneself de-listed or de-indexed from search engine results. Nor should there be.

    Ryder Gilliland
  • Gabrielle Giroday

    Back to the grindstone

    Sep 10, 2018

    A busy fall season lies ahead for lawyers. Summer is typically thought of as a season best suited for rest and relaxation.

    Gabrielle Giroday|Editorial Obiter
  • Jeffrey Lem

    Strange things can happen to the PIN

    Sep 10, 2018

    Although it is fairly well known to the Land Registry Office staff, clients can sometimes be mystified at the things they see when they open up their PINs (or, as we shall see, when they can’t open up their PINs at all).

    Jeffrey Lem|The Dirt
  • n/a

    Shift discretion on mandatory minimums

    Sep 10, 2018

    When the Liberal government came into power in 2015, there was a feeling among criminal lawyers of a shift in philosophy toward criminal justice.

    Anne-Marie McElroy
  • Gabrielle Giroday

    Rules of civility

    Sep 3, 2018

    There has been widespread commentary on the so-called death of civility in the modern age.

    Gabrielle Giroday|Editorial Obiter
  • n/a

    The duty to accommodate and mental illness

    Sep 3, 2018

    According to the Centre for Addiction and Mental Health and the Canadian Mental Health Association, at least 500,000 employees are unable to work due to mental health issues in any given week.

    Tanya Walker
  • Nikolay Y. Chsherbinin

    Impermissible subdivision of a termination clause

    Aug 27, 2018

    Enforceability of a termination clause in a written employment contract continues to be a vexing legal issue. An employment case in point is the Court of Appeal for Ontario decision in Amberber v. IBM Canada Ltd., 2018 ONCA 571, which clarified that subdivision of a termination clause into constituent parts and their subsequent individual interpretation is not permissible.

    Nikolay Y. Chsherbinin|Labour Pains
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