Reflections on the Pursuit of Perfection

It all begins with four years of political science, economics, engineering, or maybe even art and design. At this stage, we stand out from those around us. Earning straight-A’s comes easily and most of us graduate at the top of our class with a 4.0 GPA. Some might immediately turn their attention toward the LSAT …

Let’s Talk About Lifting the Cloak of Secrecy

This past Wednesday marked the sixth annual Bell Let’s Talk Day, a public awareness campaign designed to break the silence around mental illness across Canada. This leads me to speak of several recent student submissions to the Obiter. We received powerful and deeply personal stories about mental illness whose authors requested that their names not …

Life is short.

Have an affair. Compromise your privacy. Face professional misconduct charges. To the incoming class of 2018, let the Obiter Dicta be one of many to welcome you to Osgoode! Today you take the first step on a journey of a thousand miles. Your introduction to the practice of law begins with what is referred to …

Coffee Cups, Pirates, and Handguns

Sailing in the Uncharted Waters of 3D Printing In 1974, a joke written by David Jones in the New Scientist unknowingly predicted the development of an innovation that decades later would be called “the third industrial revolution.” Though his proposal imagined a laser that when shined through liquid plastic monomer caused it to solidify was …

Protecting Fifty Shades of Grey Market Goods

Preventing Parallel Imports of Trademarked Goods through Copyright Law Traditionally, trademark owners have primarily relied upon exclusive distribution agreements between manufacturers and distributors to control the flow of their goods within the market. However, the territorial restrictions in these agreements are subject to privity of contract and, therefore, suffer from the third party beneficiary rule. …

Leaving the Back Door Open to Trolls

The slippery slope that left Canada’s newly implemented notice-and-notice system open for abuse Less than a week after it came into effect, Canada’s new copyright notice-and-notice system, which requires Internet service providers to forward warning notices issued to customers by rights holders, was already marked with controversy. Described as a “loophole in the new law,” …

Choking, slapping, and sexual assault.

It’s not about Jian Ghomeshi; it’s more about us. Chris Brown, War Machine, Ray Rice, and now, the most recent addition to such a disgraceful list, Jian Ghomeshi. It seems somewhat horrifying to acknowledge the increasing number of celebrity scandals involving physical abuse that have taken the spotlight within the past several months. What is …

Something Olde, Something New…

Has the Copyright Act become outdated in a new digital era? Once upon a time, it was commonplace for consumers to pop into their local shops and browse through collections of used records, CDs, movies, books, or whatever other media were available for purchase. Students would resell their used textbooks to get back a portion …