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.
Nathan McLean, 2L, Volume 81 Articles Editor
Host liability for alcohol-infused injury is a major, contested issue in Canadian tort law. In this blog post, Articles Editor Nathan McClean questions whether the Supreme Court has erred in assigning liability to commercial establishments for injuries caused by or to their intoxicated patrons.
Read MoreJerry Zhu, 3L, Senior Editor
In R v Chow, the Ontario Court of Appeal had to determine whether an Airbnb owner could reasonably expect Charter privacy protections while the unit was being rented out. Jerry Zhu examines the decision’s uncertain implications for property owners’ constitutional privacy rights moving forward.
Read MoreRebecca Rabinovitch, 2L, Articles Editor
2023 was a banner year for family law at the Supreme Court of Canada. In this new blog post, Articles Editor Rebecca Rabinovitch critically analyzes the judgment in F v N, and criticizes both the majority and the dissent for failing to fully consider the best interests of the child, from the full perspective of the child.
Read MoreAnastasia Jones, 3L, Volume 81 Senior Editor
Ontario courts recently recognized the new tort of family violence. This tort is intended to remedy the harms of a collapsed, abusive marriage. But is this judge-made tort really necessary? Senior Editor Anastasia Jones argues that amendments to the Divorce Act would better achieve the goals of remedying violence in a family contexts.
Read MoreJane Fallis-Cooper, 3L, Senior Forum Editor
The United Nations Human Rights Committee issues a landmark decision on the rights of Torres Strait Islanders. Senior Forum Editor Jane Fallis-Cooper discusses the implication of this judgment for the international law of climate change.
Read MoreFaisal K. Bhabha, 3L, Volume 81 Senior Editor
According to the Ontario Court of Appeal in Aylmer Meat Packers Inc v Ontario, the Government owes a duty of care when it puts a party’s business interests at risk in the course of carrying out a regulatory function. This holding, according to Senior Editor Faisal K. Bhabha, is bound to sit uncomfortably with the earlier negligence precedent established in Cooper v Hobart.
Read MoreGordon Lee, 3L
Has Canada's Supreme Court stepped too far into a legislative role in its approach to section 7 of the Charter? Gordon Lee makes the case in the latest blog post on Forum Conveniens.
Read MoreLauren Teixeira, 3L, Senior Editor
In R v Bissonnette, the Supreme Court of Canada held that sentencing offenders to serve consecutive parole ineligibility periods is unconstitutional. This outcome of case, borne out of the horrific Montreal Mosque shooting, dismayed both politicians and the public. Lauren Teixeira argues that these fears are misplaced.
Read MoreJack Olson, 3L, Volume 81 Senior Editor
The heavily discussed British Columbia Court of Appeal judgment in Cambie Surgeries poses a formidable challenge to Canada’s famed public healthcare system. Senior Editor Jack Olson explores how precedents may temper the Supreme Court of Canada’s approach to this issue if the case is appealed.
Read MoreRebecca Rosenberg, 3L, Volume 81 Senior Editor
When do we want citizens to know and apply their rights? In the aftermath of the Supreme Court’s decision in R v Tessier, Senior Editor Rebecca Rosenberg discusses the implications of the ruling for individuals who are questioned by police in the course of an investigation.
Read MoreDaryn Tyndale, 2L, Senior Forum Editor
Daryn Tyndale revisits the thorny issue of social host responsibility and over-indulgent teens following the recent British Columbia Court of Appeal case McCormick v Plambeck. Tyndale argues that this case poses new questions with regards to foreseeability in social host liability cases.
Luka Knezevic, class of 2024
Luka Knezevic, class of 2024, shares his experience working over the summer as a Competition Law Research Assistant for Professor Niblett.
Read MoreDavis Haugen, 3L, Volume 81 Senior Editor
How will the Competition Bureau’s proposed Recommendation 2.3 alter the country’s competition law landscape? Senior Editor Davis Haugen argues that the more flexible standard proposed by the Bureau will further increase existing uncertainties for mergers in the start-up space.
Read MoreSterling 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.
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