Forum Conveniens is the official online companion of the University of Toronto Faculty of Law Review. The online companion is a forum for members of the UofT Law community to share their thoughts on topical developments in the law. Our publications including case commentaries, opinion pieces, and reports on activities within UofT Law.
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Ainslie Pierrynowski, 3L, Volume 80 Senior Editor
What constitutes an undue delay in an administrative proceeding? In Abrametz v Law Society of Saskatchewan, the Saskatchewan Court of Appeal seemed to lower the threshold for staying an administrative proceeding due to delay. Senior Editor Ainslie Pierrynowski critiques the decision and argues that in the upcoming appeal, the SCC should adopt a contextual approach.
Read MoreJack Olson, 2L, Volume 80 Senior Forum Editor
In the second blog of a two-part series, Senior Editor Mashoka Maimona analyses R v Chouhan and R v Kokopenace to illustrate the growing divide within the Supreme Court regarding whether diversity-enhancing mechanisms in the jury selection process are desirable and practical. Maimona also argues in favour of the need for increased diversity-enhancing measures in the aftermath of Bill C-75.
Read MoreRachel Allen, 3L, Volume 80 Senior Editor
Senior Editor Rachel Allen provides an analysis of Ontario (Attorney General) v G, and the history of systemic stigmatization and long-term consequences of being declared not criminally responsible by reason of mental disorder (“NCRMD”).
Read MoreMashoka Maimona, 3L, Volume 79 Senior Editor
In this first blog in a two-part series, Senior Editor Mashoka Maimona discusses R v Chouhan and the federal government’s elimination of peremptory challenges under Bill C-75 as it relates to bias in juries.
Michael Law-Smith, 2L, Volume 79 Articles Editor
How has Kantian theory influenced Canadian Courts? Articles Editor Michael Law-Smith considers the influence of “Toronto School” private law theory on the decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc.
Read MoreSaambavi Mano, 3L, Volume 79 Senior Editor
What does Fraser v Canada's clarification of adverse effects sex discrimination under s. 15 mean for Canadian law? Senior Editor Saambavi Mano considers the positives, negatives, and missed opportunities of the decision.
Read MorePaul Hildebrandt, 3L, Volume 79 Senior Editor
In this blog post on R v Alta Energy Luxembourg SARL (Alta Energy), Senior editor Paul Hildebrandt argues against using the General Anti-Avoidance Rule (“GAAR”) to prevent “treaty shopping”.
Read MoreLauren Scott, 3L, Volume 79 Executive Editor
Executive Editor Lauren Scott argues that the Supreme Court of Canada’s decision in CSF represented its “powerful commitment” to the minority language educational rights under s. 23 of the Charter.
Read MoreWilliam Rooney, 3L, Volume 79 Senior Editor
The Jordan framework determines whether there is a s. 11(b) violation (trial within a reasonable time). Senior Editor William Rooney argues that the recent decision in R v KGK limits the Jordan framework by excluding the verdict deliberation time from the s. 11(b) inquiry and more broadly, it “insulates” the judiciary from being held accountable for delays in reaching a decision.
Read MoreAinslie Pierrynowski, 2L, Volume 79 Articles Editor
Articles Editor Ainslie Pierrynowski takes on Uashaunnuat, a Supreme Court of Canada case that dealt with an Aboriginal title claim extending across the Quebec-Newfoundland and Labrador borders. Pierrynowski argues that the case has meaningful implications for Aboriginal rights claims across provincial and, potentially, national borders.
Read MoreShimon Sherrington, 3L, Volume 78 Editor-in-Chief
Ahead of the Supreme Court of Canada’s review of Southwind v Canada, Editor-in-Chief Shimon Sherrington argues that the case presents an opportunity to clarify the application of ‘equitable compensation’ in First Nations-Crown relationship, and thereby redefine the nature of the Crown’s fiduciary duty to First Nations.
Read MoreRyan Howes, 3L, Volume 78 Senior Editor
Senior Editor Ryan Howes draws attention to “considerable uncertainty” about the role of the courts regarding the use of the Emergencies Act, a relevant discussion in the context of the COVID-19 pandemic.
Read MoreEmma Ryman, 3L, Volume 78 Senior Editor
Under the Jordon Framework, the "reasonable time" in which a person has a right to be tried under s. 11(b) of the Charter is 18 months. In KJM, the Supreme Court declined to reduce that that presumptive trial delay ceiling for young offenders to 15 months for young offenders, although the Court did unanimously agree that young offenders have an enhanced need for timeliness in their criminal proceedings. Senior Editor Emma Ryman considers the implications.
Read MoreNeil Bhatt, 3L, Volume 78 Senior Editor
In AA v Persons Unknown & Others, Re Bitcoin the English High Court granted a proprietary injunction over bitcoins linked to an account on a cryptocurrency exchange. Senior Editor Neil Bhatt conisders how the decision signals an increasing likelihood that Canadian courts will similarly recognize cryptocurrency as property at common law.
Read MoreGregory Ringkamp, 3L, Volume 78 Senior Editor
The Budget Implementation Act, 2019 (Bill C-97) introduces measures that will bring greater transparency and clarity to Canada’s corporate law regime. Senior Editor Gregory Ringkamp explains how this is the most significant update to the statutory fiduciary duty since the Supreme Court’s 2008 decision in BCE Inc v 1976 Debentureholders.
Read MoreEmily Tsui, 3L, Volume 78 Senior Editor
Climatic changes in the Arctic region have implications for the conservation of its cultural and natural heritage. Senior Editor Emily Tsui explains how an Arctic Heritage Regime, formed with an extension of UNESCO's World Heritage regime, is one way to help to ensure the region's unique heritage is protected for the enjoyment of future generations.
Read MoreKees Westland, 3L, Volume 78 Senior Editor
A class action brought by former labourers against a Canadian mining company left the Supreme Court of Canada divided on multiple issues, including whether novel tort claims based on international law norms disclosed a reasonable chance of success. Senior Editor Kees Westland examines the Nevsun Resources Ltd. v Araya decision and the uncertainty left in its wake.
Read MoreNicole Morin, 3L, Volume 78 Senior Editor
Senior Editor Nicole Morin breaks down the Superme Court of Canada's landmark overhaul of Canadian administrative law.
Read MoreEmily Tsui, 3L, Volume 78 Senior Editor
Canada’s new Northern Policy commits to supporting international law relating to the Artic. But what are the international laws relating to the north? Senior Editor Emily Tsui examines the treaties and conventions that govern icy lands of the Artic region.
Unlike Antarctica, there is no single treaty that states can exclusively look to for governance of the Arctic region. Instead, there is a patchwork of legally and non-legally binding rules that govern Arctic states…
Read MoreRyan Dorsman, 3L, Volume 78 Senior Editor
How will Bill C-75 change the Canadian bail regime? Senior Editor Ryan Dorsman presents a guide to our current bail system, and what changes will soon be made through the new legislation.
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