The Law Society is flirting with the idea of doing away with articling. Should it?

July 26th, 2018 by Celia Chandler

This article was first published on rabble.ca

One hundred thirty-seven — yes, that’s right: 137. And last year, 150!

These are the number of applicants we received for one articling position for the period July 2019 to May 2020. For readers not in law in Ontario, articling is a 10-month work placement under the supervision of a lawyer. Completing articles is a condition to practising law in Ontario.

The competition for securing articles is so intense that the Law Society of Ontario (LSO) has explored alternatives and is flirting with the idea of giving up on articling altogether.

Bad idea. We don’t want to lose an important training ground for progressive lawyers. Our law firm, Iler Campbell LLP, is unusual as a place where young lawyers can gain experience working for non‑profits, charities, co‑ops, social enterprise and the like. We see hiring articling students as an obligation to the legal profession and to the progressive organizations that we serve. Our tagline is “A law firm for those who want to make the world a little bit better.” Articling here and in other like‑minded firms helps build a cadre of advocates for that better world.

Continue reading “The Law Society is flirting with the idea of doing away with articling. Should it?”

Charities now free to engage in non-partisan political activities

July 20th, 2018 by Brian Iler

This article was first published on rabble.ca

Charities are now free to engage in non-partisan political activities.

That’s the explicit message of the Ontario Superior Court in its decision this week.

What a huge relief to those many charities that suffered through Stephen Harper’s politically motivated Canada Revenue Agency audits!

While Justin Trudeau promised reform, and suspended action on those audits, he has yet to deliver reform.

But the court did.

The application to the court was brought by a small charity, Canada Without Poverty, after Canada Revenue Agency (CRA) threatened to take away its charitable registration, alleging that virtually all of its activities involved political engagement.

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Social finance: Challenges for its legal regulation

June 28th, 2018 by Ted Hyland

This article was first published on rabble.ca.

Last month, the Senate Standing Committee on Social Affairs, Science and Technology issued a report entitled The Federal Role in a Social Finance Fund. The Committee’s recommendations included the federal government creating and contributing to a national social finance fund. This recommendation, among others from the Committee, aligns with, for example, the social enterprise strategy of the Ontario government.

For all of the optimism percolating through the Senate report and Ontario’s strategy there is the challenge of how to reconcile two dynamics that historically have been opposed: the private interest for profit and the common interest for public benefit. Social finance is about harnessing capital and the forces of the market to solve social problems. It’s about commercializing social, environmental and cultural problems that traditionally were addressed by government as part of an overall goal of wealth redistribution and creation and protection of public goods. Social finance represents a shift: addressing these problems is an opportunity for wealth creation, as well as doing good. Continue reading “Social finance: Challenges for its legal regulation”

Client Profile: Bread and Roses Co-operative Homes

June 27th, 2018 by Iler Campbell

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Bread and Roses Co-op is a non-profit housing co-operative located in downtown Kitchener.

The co-op, established in 1990, includes a provincially designated heritage building that was built in 1879 as a button factory. Before being renovated to house 21 of the co‑op’s 66 units, the building was variously used for shirt manufacturing, as a barracks during the First World War, and for manufacturing felt, mattresses and electrical supplies. It is one of the most significant heritage landmarks in Kitchener and is the only remaining industrial building in Kitchener with a peaked roof. The heritage building is joined to a modern six story building that contains 45 apartments.

Bread and Roses’ founders were ahead of the curve with their vision of converting an old industrial building into housing in downtown Kitchener. In 1990, few people lived downtown by choice. That’s changed. Kitchener’s downtown is now a trendy, upscale address and the co-op is a bulwark against gentrification. Continue reading “Client Profile: Bread and Roses Co-operative Homes”

Inquiring into international human rights abuses: To what end?

May 31st, 2018 by Safia Lakhani

This article was first published on rabble.ca

2018 marks 70 years since the establishment of the state of Israel and the displacement of hundreds of thousands of Palestinians in what is known as the “nakba,” or, disaster. This was also the year that the United States decided to relocate its embassy from Tel Aviv to Jerusalem, sparking demonstrations in the occupied territories. On May 14, 2018, Israeli forces opened fire on Palestinians, killing some 59 individuals and injuring over 2,700 others, including a Canadian medic who was treating protesters. The bloodshed has been described as the most violent in the Israeli‑Palestinian conflict since the war on Gaza in 2014. Two days later, Prime Minister Trudeau called for an independent investigation to thoroughly examine the facts on the ground — including any incitement, violence, and the excessive use of force in Gaza. Continue reading “Inquiring into international human rights abuses: To what end?”

Think your waiver has you covered? It might not.

May 18th, 2018 by Elliot Fonarev

Chances are your organization has dealt with waivers if your services have the potential to create injury or liability to your clients or customers – for example, if you operate sports facilities or provide access to a physical space with potential hazards. If so, a recent decision of the Ontario Superior Court of Justice on the topic of waivers may interest you. It highlights that documents that release liability should be drafted very specifically to make it clear which legal rights are being waived.

Continue reading “Think your waiver has you covered? It might not.”