Latest Commentary


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    Trudeau’s gift to Google

    Oct 29, 2018

    With little fanfare or consultation, the Trudeau government with its commitment to the USMCA proposes to significantly alter the existing common law in Canada related to the law of defamation.

    Howard Winkler
  • Matthew Gourlay

    Barton is profoundly bad law

    Oct 29, 2018

    It’s said that bad facts make bad law. But this is true, I think, only if the courts fail in their duty to apply the law fairly and impartially when bad facts tempt them to distort the law unjustifiably in one party’s favour.

    Matthew Gourlay|A Criminal Mind
  • Gabrielle Giroday

    Changing norms

    Oct 22, 2018

    The legal use of recreational cannabis is one indicator of changing norms. One day, it is likely that the one-time criminalization of cannabis will seem antiquated.

    Gabrielle Giroday|Editorial Obiter
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    Benjamin orders and estates

    Oct 22, 2018

    Estate trustees have several obligations and duties to the beneficiaries and the deceased including the fiduciary duty to fulfil the intentions and carry out the administration of the estate of the testator, as outlined in their last will and testament.

    Jonathan Friedman
  • Gabrielle Giroday

    The pendulum swings

    Oct 15, 2018

    If nature exists within a continuum, continually returning to a balanced state, then I think it’s fair to apply the same principles to our social structures.

    Gabrielle Giroday|Editorial Obiter
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    Gendered dress codes are antiquated

    Oct 15, 2018

    On-campus interviewing season is upon us. And with it, there is a new crop of commentary addressing the pressing questions about how to make the best possible impression on interviewers.

    Sarah Molyneaux
  • Marta Siemiarczuk

    Issue of interim costs important

    Oct 8, 2018

    An interesting case has emerged dealing with the issue of interim costs and disbursements. This seems to me to be one of those issues that is rarely considered by family lawyers.

    Marta Siemiarczuk|Family Law
  • Gabrielle Giroday

    Artificial intelligence

    Oct 1, 2018

    Almost two decades ago, the word “globalization” was the buzzword on everyone’s lips.

    Gabrielle Giroday|Editorial Obiter
  • Ryan Handlarski

    Law is a marathon, not a sprint

    Oct 1, 2018

    Law students often hear the same piece of advice: Article at a Bay Street firm and work there for a year or two or three.

    Ryan Handlarski
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    How to address mental illness and lawyers

    Sep 24, 2018

    In a pair of recent decisions — Law Society of Ontario v. Burtt, 2018 ONLSTH 63 and Law Society of Ontario v. Yantha, 2018 ONLSTH 94 — the Law Society Tribunal grappled with what accommodation for mental illness is required in terms of discipline imposed by the Law Society of Ontario.

    Theresa E. Miedema
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