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Dorsa Fardaei

Dorsa Fardaei (she/her) is a second-year J.D. candidate at Osgoode Hall Law School with interests in commercial, construction, and criminal law. Before beginning her legal studies, she earned a degree in Mechanical Engineering from University of Toronto and worked as a consultant and project manager at an engineering firm. At law school, she has participated in the Intellectual Property (IP) Clinic, the Animal Justice Club, various moots, and will be joining the Criminal Law Intensive Program in the winter semester. During the past summer, Dorsa gained practical experience as a summer student at Thornton Grout Finnigan LLP, where she focused on construction disputes and insolvency law. She enjoys spending her free time outdoors, walking her dog, Casper, along the Toronto waterfront.

Section 495 of the Criminal Code Finds its Meaning in R v Carignan

Posted on 30 January 2026

Fifty-four years after Parliament passed the Bail Reform Act, the Supreme Court of Canada clarified the law with respect to challenging the lawfulness of an arrest without a warrant. The unanimous judgment in R v Carignan, 2025 SCC 43 authored by Justice Côté interprets subsections 495(2) and (3) of the Criminal Code which had originally been enacted as part of the Bail Reform Act. This judgment is significant as it allows accused persons to establish a breach of their Charter right to be free from arbitrary arrest where their arrest was made contrary to subsection 495(2).

APPEAL WATCH: Slapping Back on Anti-SLAPP Motions (Benchwood Builders, Inc v Prescott)

Posted on 12 November 2025

Does an online review by an upset customer relate to a matter of public interest? How much harm arising from negative online reviews is sufficient to outweigh the public interest in protecting freedom of expression? These issues are central to the anti-SLAPP analysis in Benchwood Builders, Inc v Prescott, 2025 ONCA 171, leave to appeal granted.

APPEAL WATCH: The Opportunity to Clarify Contributory Fault in Contract Law and Revisit Summary Judgment Motions in Arcamm v Avison Young

Posted on 5 November 2025

The SCC has granted leave to appeal the decision in Arcamm v Avison Young, 2024 ONCA 925. The Court is expected to determine whether contributory fault governs the apportionment of damages arising from breach of contract, and to provide, for the first time in over a decade, renewed guidance on realizing the culture shift envisioned in Hryniak v Mauldin, 2014 SCC 7.

Make Yourself at Home: The SCC Grants Squatter’s Rights on Municipal Land

Posted on 22 October 2025

In Kosicki v Toronto (City), 2025 SCC 28 [Kosicki], a narrow five-to-four majority of the Supreme Court of Canada (“SCC”) granted a Torontonian couple possessory title to a municipally owned strip of land in their backyard. Although Kosicki clarifies the law of adverse possession, the divided judgment reveals challenges in reconciling the common law with […]