Forum Conveniens is the official blog of the University of Toronto Faculty of Law Review. The blog 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.
All are welcome to write for Forum Conveniens! If you have a pitch for a piece, or a paper you would like to convert into a blog post, please visit our submission form here.
Sterling Mancuso, 3L, Executive Editor of Forum Conveniens
In R v JJ, the Supreme Court of Canada once again applies the principle against overbroad laws. Executive Forum Editor Sterling Mancuso argues that this case continues a decades-long pattern of inconsistent application of the doctrine.
Read MoreRebecca Rosenberg, 3L, Volume 81 Senior Editor
Is the federal government constitutionally permitted to regulate prices of patented medicines? Senior Editor Rebecca Rosenberg argues that the Québec Court of Appeal got this question wrong in Merck Canada Inc. c. Procureur general du Canada.
Read MoreIsablle Savoie, 3L, UTFLR Editor-in-Chief
Does section 8 of the Charter extend to video surveillance of your front yard? R v Aubrey, 2022 ONSC indicates that Ontario courts are willing to push back on law enforcement and recognize a citizen’s reasonable expectation of privacy on their property – even when its visible to the general public.
Read MoreIsabelle Savoie & Blii Xu, Volume 81 Editors-in-Chief
A message from our Editors-in-Chief on the start of the new academic year.
Read MoreCaitlin Salvino, 2L, UTFLR Articles Editor
In R v Kirkpatrick, the Supreme Court of Canada clarified that removing a condom without a partner's consent during sex is an act of criminal sexual assault. Articles Editor Caitlin Salvino unpacks the decision and its implications for campus sexual violence policies.
Read MoreKaty Beeson, 2L, Volume 80 Articles Editor
The Ontario Nurses’ Association has announced its intention to file a Charter challenge in response to Bill 124. Articles Editor Katy Beeson examines the constitutionality of Bill 124 and whether the Bill violates freedom of expression under s. 2(b) of the Charter, the right to substantive equality for women under s. 15(1), and freedom of association under s. 2(d).
Read MoreBill Xu, 2L, Volume 80 Articles Editor
Would litigation financing increasing access to justice in Canada? Articles Editor Bill Xu makes the case for litigation financing as a positive development for bridging the gap and allowing more individuals to have their day in court.
Read MoreDavid Côté, 2L, Volume 80 Senior Associate Editor
In Ward v Quebec, a case about the clash between liberty and equality, Senior Associate Editor David Côté considers the differing approaches of majority and dissenting opinions.
Read MoreAnastasia Jones, 2L, Volume 80 Articles Editor
In extending civil and commercial contract norms to the family mediation, has the Supreme Court risked children’s well-being? Articles Editor Anastasia Jones critques the Bouvier decision for emphasizing the adversarial qualities of mediation and aligning it with the norms of the traditional legal world.
Read MoreManula Adhihetty, 3L, Volume 80 Senior Editor
The Supreme Court has developed its jurisprudence on s.2(b) of the Charter and the status of unwritten constitutional principles in Toronto (City) v Ontario (Attorney General). Senior Editor Manula Adhihetty discusses this decision's implication for administrative law.
Read MoreYasmin Masoudi, 3L, Volume 80 Senior Editor
Should users have a more equal claim to the use of copyrighted materials realtive to copyright owners? Senior Editor Yasmin Masoudi discusses the recent Supreme Court decisions in York University v Canadian Copyright Licensing Agency (Access Copyright) and how it may represenet a departure from historical author-centric views of copyright law.
Read MoreBryan Hsu, 3L, Volume 80 Senior Editor
Was the Federal Court of Appeal correct in holding that it had equitable jurisdiction to grant an order to block user access to websites which have the primary purpose of providing copyright infringing vontent? Senior Editor Bryan Hsu discusses the Federal Court of Appeal's holding in Teksavvy Solutions Inc v Bell Media Inc and how the decision may be impacted by upcoming legislative reform.
Read MoreMadison Kerr, 3L, Senior Editor
Recently, the Securities Act (Ontario) has been amended to include the fostering of capital market competition into the established purposes of the Act, thereby influencing the interpretation and enforcement of securities law in Ontario. Senior Editor Madison Kerr discusses what fostering competition may look like in practise and identifies the two intended effects of securities law enforcement - intrajurisdictional and interjurisdictional competition.
Read MoreTrent Erickson, 3L, Senior Editor
How should Courts consider the plea resolution disucssion on sentencing from the Crown and defence council in a criminal trial? Senior Editor Trent Erickson examines the upcoming appeal of Kerry Alexander Nahanee v Her Majesty the Queen to propose an extended Anthony-Cook test in cases where there is a range of acceptable sentences produced through plea agreements.
Read MoreMyim Bakan Kline, 3L, Senior Editor
In the last few years, legislative and administrative responses to the COVID-19 pandemic, have led to a number of allegations that these measures infringed Charter rights. Senior Editor Myim Bakan Kline examines two such cases, and considers which standard of review courts should apply in future pandemic-related Charter cases.
Read MoreHannah Lank, 3L, Volume 80 Senior Forum Editor
In the future, could a tattoo constitute a valid will? What about a text message? Ontario courts have been reluctant to accept even electronic documents as valid testamentary instruments. Senior Editor Hannah Lank explores the rationales behind Ontario’s exclusion of electronic wills, and examines the use of electronic wills in other jurisdictions.
Read MoreSterling Mancuso, 2L, Volume 80 Senior Forum Editor
Can Parliament criminalize “blind bidding” in the Canadian housing market, under the Constitutional division of powers? Senior Forum Editor Sterling Mancuso discusses.
Read MoreFaisal Bhabha, 2L, Volume 80 Articles Editor
In cases of contract formation, how important is the intention to create legal relations? Senior Editor Faisal Bhabha critiques the Supreme Court of Canada’s intention-centric approach in Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v Aga, and considers the continued merits of the doctrine of consideration.
Read MoreAinslie 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.
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