The Eye of the Beholder: Professional Opinions about the Best Interests of a Child

Family Court Review, Vol. 49, No. 4, p. 760 (October, 2011).

This paper is is based on my LL.M thesis, which I successfully defended on June 10, 2009.  The Below, please find short and long versions of the thesis, as well as a 15 minute video presentation.

The Eye of the Beholder from Noel Semple on Vimeo.

Thesis (30k words)

Short Version (8500 words)

For an even shorter description, please click here: Continue reading The Eye of the Beholder: Professional Opinions about the Best Interests of a Child

In Sickness and in Health? Spousal Support and Unmarried Cohabitants.

Canadian Journal of Family Law, Vol. 24, Issue 2, page 317.

When an intimate relationship breaks down and one of the people involved seeks money from the other, should it make any difference to the law whether or not they were formally married? This article argues that it should make a difference, at least when spousal support is being sought and the parties were never parents together.

(Winner of the 2008 Falconer Memorial Student Essay Competition in Family Law.)

In Sickness and In Health?

Judicial Review in the Federal Courts: A How-To Guide.

with Freya Kristjanson, Borden Ladner Gervais LLP.

Prepared for the Ontario Legal Clinics Conference, this is a summary of the procedure and substance of Federal Court judicial review of administrative decisions. This paper was written with a legal clinic audience in mind, and pays particular attention to the federally-reviewed tribunals which clinic workers are most likely to deal with.

Judicial Review in the Federal Courts: A How-To Guide

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them

Canadian Journal of Law and Technology. Volume 6, Issue 3, p. 163.

The servers and data streams which make up the internet in Canada are owned and controlled by corporations like Rogers and Bell. These businesses have potentially enormous power to control how the internet works, and how much it costs you to use it. Should the government regulate the ways they use this power? The answer, as I argue here, is both yes and no. (Winner of the IT.Can 2007 Student Essay Competition)

Network Neutrality (pdf)

York University’s Knowledge Mobilization Unit created a “Research Snapshot” based on this article : available here.

The Case for Tribunal Standing in Canada

Canadian Journal of Administrative Law and Practice. Volume 20, Issue 3, page 305.

“Judicial Review” means a court reviewing a decision made by an administrative tribunal. When judicial review occurs, should the tribunal be allowed to send a lawyer to court to defend its decision? I think it generally should, and this article explains why.

The Case for Tribunal Standing in Canada (pdf)

Cited by the Alberta Court of Appeal in Leon’s Furniture Limited v Alberta (Information and Privacy Commissioner), 2011 ABCA 94, at para 25.

Negligent Emissions: Humanizing Climate Change

Eco-Bulletin (Canadian Bar Association)

If I emit greenhouse gases, and as a result the climate changes and you consequently suffer damage to your property or person, the law should allow you to sue me in tort.  This article explains why this is so, and how we could reform Ontario law to make it a reality.   (Winner of the 2007 CBA NEERLS Student Essay Competition)

Negligent Emissions (html)