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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.

APPEAL WATCH: Fair Election Outcomes and Unfair Election Processes (Anglin v Resler)

Posted on 11 March 2026

The Supreme Court of Canada has heard the appeal from the judgment in Anglin v Resler, 2024 ABCA 113, leave to appeal to SCC granted (41298). This case is a high-stakes appeal from a motion to strike as it raises a single issue affecting Canadian voters and the integrity of elections: whether a defeated candidate can bring a tort claim against an election official based on an allegation that the candidate lost the opportunity to win the election due to the conduct of the election official.

Could Quebec v Senneville Foreshadow the End of Reasonable Hypotheticals under Section 12 of the Charter?

Posted on 27 February 2026

Quebec v Senneville, 2025 SCC 33 is a publicly polarizing yet legally unsurprising decision of the SCC. Senneville affirms that the 1-year mandatory minimum sentences associated with the offences of accessing and possessing child pornography when prosecuted by indictment are contrary to section 12 of the Charter. However, only a narrow five-judge majority arrived at this conclusion, while four dissenting judges stopped short of a complete analysis.

APPEAL WATCH: Tax Law Nuances and Absurd Consequences in Bank of Nova Scotia v Canada

Posted on 13 February 2026

Rarely does a tax law dispute reach the SCC, but when it does, it often provides a welcome opportunity for comprehensive statutory interpretation. Last month, the SCC heard an appeal from the unanimous FCA decision of Bank of Nova Scotia v Canada, 2024 FCA 192, leave to appeal granted (41643).

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).

R v Kloubakov : Post-Bedford Sex Trade Offences Withstand Constitutional Scrutiny

Posted on 19 November 2025

In R v Kloubakov, 2025 SCC 25, the Supreme Court of Canada has affirmed that offences directed toward regulating the sex industry can withstand constitutional scrutiny as long as they are carefully drafted to target exploitation of sex workers, rather than sex workers themselves.

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 […]