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Vague allegations assist hockey player in faceoff with insurer

A recent B.C. Supreme Court decision demonstrates how broadly courts will interpret pleadings when ruling on an insurer’s duty to defend, says Vancouver insurance lawyer ... Read more

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Lawyer choice key to family court preparation

Selecting the right counsel is the most important thing a divorcing spouse can do to boost their own case, Kitchener family lawyer Lorrie Stojni tells AdvocateDaily.com . ... Read more

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Condo corps will face battles with recreational weed

Condominium corporations may consider taking steps to protect condo owners when recreational marijuana becomes legal in Canada next July, Toronto real estate lawyer Lisa Laredo ... Read more

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Coaching creates pathways to magic: Dewhirst

The coaching process of goal setting and strategizing is the fastest way to create momentum and change in your life, Toronto health lawyer Kate Dewhirst recently told a Law ... Read more

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No segment of society immune from DUIs: Engel

Toronto criminal lawyer Michael Engel likens his work defending drinking and driving offences to a chess game, one in which strategic constitutional arguments, rather than the ... Read more

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FCA sets out right approach in luggage trademark confusion case

The Federal Court of Appeal (FCA) set out the right approach to resolving the issue of trademark confusion in a recent case involving a Canadian luggage company and a Swiss firm, ... Read more

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Law should be decided upon the act itself, not the consequences

Applying the criminal law to what is essentially a horrible accident — a momentary lapse in judgment — isn’t appropriate, Toronto criminal lawyer Joseph ... Read more

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Off-duty conduct can lead to discipline, dismissal

While having to discipline employees for their off-duty conduct might seem like a novel issue, employers have long had to deal with the ill-advised actions of workers outside of ... Read more

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Review board finds complaints committee decision to be unreasonable

By Elyse Sunshine and Lonny Rosen This case involved the death of a beloved dog and a complaint made by his owners to the College of Veterinarians of Ontario (the College) about the conduct ... Read more


News
Decision offers lessons on Copyright Act limitations
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A recent Federal Court case successfully argued by Toronto civil litigator Bruce Baron is a reminder that the limitation period for actions brought under the Copyright Act ... Read more

New Toronto courthouse: a time for new technology
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The construction of Toronto’s mega-courthouse presents a great opportunity for Ontario to get serious about modernizing the justice system and moving closer to one that ... Read more

Fentanyl: a crisis with far-reaching consequences
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Toronto criminal lawyer Jordana Goldlist says the Canadian government needs to do more to regulate the prescription of fentanyl that's causing a growing number of users to ... Read more

Expansion of human rights protection timely: Howden
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Although in the early stages, there is merit to a private member’s bill designed to expand Human Rights Code protection for Ontarians, Toronto employment lawyer Deborah ... Read more

Partner committee can boost technology adaptation
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A partner committee dedicated to innovation can help law firms get the most out of technological developments in the legal market, says Bishu Solomon of Epiq , a leading global ... Read more

Inattention and distracted driving should not be a valid defence for drivers who kill
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Drivers who kill or injure pedestrians should not be able to rely on their own inattentiveness and distracted driving as a defence to criminal and provincial offences, ... Read more

Mortgage stress test: the new rules of engagement
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The Office of the Superintendent of Financial Institutions (OFSI), which regulates banks and mortgage insurance companies, released further mortgage rules which will come into ... Read more

New bail directive for Crowns a step forward: Friedberg
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A new bail policy that directs Crown prosecutors to start with the least restrictive form of release has the potential to be helpful in reducing court backlogs and the ... Read more

Superior Court decision on costs 'key' for access to justice
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A recent Ontario Superior Court of Justice decision on costs in a personal injury matter has “massive implications” for legal cost protection providers such as BICO ... Read more

Proposed legislation to enhance consumer protection: Conant
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The provincial government’s plans to amend home warranty legislation is welcome and necessary, says Toronto condominium lawyer Armand Conant . “Getting balance ... Read more

Year-end tips for U.S. taxpayers living abroad
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With 2017 coming to a close, U.S. taxpayers living abroad should make sure they are well-positioned to benefit from current and proposed regulatory changes, says ... Read more

Grandparents should be peacemakers, not troublemakers: Colman
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The best way grandparents can resume their relationships when blocked from seeing their grandchildren is through therapy or counselling, Toronto family lawyer Gene C. Colman ... Read more

Unified family court expansion overdue
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A planned expansion of the Ontario’s Unified Family Court (UFC) is long overdue, Toronto family lawyer Ron Shulman tells Law Times . The UFC system allows one judge ... Read more

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Opinion
Disability benefits cut off?
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By Bram Lecker and Ian Hurley Disability benefits cut off by your insurer? People receiving long-term disability benefits have enough to worry about. The last thing they need is to have ... Read more

Your bonus – how to ensure you receive it?
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By Nicole Simes What your contract says about your bonus is significant. There have been many legal disputes assessing the language of employment contracts in recent years. Many of these ... Read more

'Mom always loved you best': rebutting the presumption of undue influence
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By Kristine Anderson As Canada's population ages, more children are assisting in caring for their elderly parents. It is not unusual for one child to take the lead in caregiving, which can take ... Read more

Canada’s vague surrogacy laws raise questions
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By Lisa Gelman Surrogacy is strictly controlled in Canada, with limits on compensating surrogates, and correspondingly stiff penalties for any infractions. However, surrogacy experts say ... Read more

Garbage in means garbage out in litigation and in life
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By Inga Andriessen The title of this blog is often used in terms of data management to mean that if you input garbage your results will not be impressive. As a litigator, this also applies to ... Read more

Case provides guidance for psychologists
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By Lonny Rosen and Elyse Sunshine A psychologist (Dr. A) was cautioned, provided advice, and was required to complete a Specified Continuing Education and Remediation Program (SCERP) ... Read more

When does a compliment constitute sexual harassment?
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By Doug MacLeod Despite a number of legislative initiatives that are intended to reduce and ultimately eliminate sexual harassment in society, sexual harassment continues to be a problem in ... Read more

Are employers responsible for harassment by employees, managers?
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By Laura Williams Over the last year, much attention has been paid to the September 2016 Bill 132 amendments to the Ontario Occupational Health and Safety Act (the OHSA ) and the obligations ... Read more

Matrimonial home: special asset for married spouses
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By Jennifer Samara Shuber Any property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act . A matrimonial home is special ... Read more

Second life for post mortem tax planning
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By Matt Trotta and Josh Proulx The “death” The Department of Finance released potential changes to the Income Tax Act on July 18, 2017, that would restrict the conversion ... Read more

Mental illness and the appointment of a litigation guardian
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By Andrew Feldstein This case set out a strict interpretation of the test for the appointment of a litigation guardian. The parties were married for 18 years and had two children. Both children ... Read more

Have you looked at your professional staff rules, regulations lately?
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By Kate Dewhirst Back in the 1980s and 90s, many hospitals published medical staff “rules and regulations.” And in some cases, that package then went dormant as hospital-wide ... Read more

The position of executor: from cradle to grave – Part IV
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By Avi Dahary The determination and discharging of debts and liabilities In part three of this series, I discussed identifying the assets that become part of the estate immediately ... Read more

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