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Court throws out conviction, orders new trial in sex assault case

TORONTO — An Ontario judge inappropriately relied on “rape literature'' to assess evidence in the case of a man found guilty last year of sexually assaulting a ... Read more

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Choosing experts: authority over convenience

Choosing the right medical expert in a wrongful death or serious injury lawsuit is vital, so taking the time to decide which one to engage is crucial, says Toronto critical injury ... Read more

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Falling insurance premiums mask cuts to benefits: Boddy

Ontarians celebrating slightly lower insurance premiums are probably unaware of the full extent of the cuts to benefits for accident victims, says Ottawa personal injury ... Read more

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External counsel a good bet when lacking in-house experience

Organizations have increasingly found efficiencies by using in-house lawyers, but sometimes there is a need for them to seek outside help, says Windsor employment and education ... Read more

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Math studies give Toronto litigator a logical, analytical edge

When Toronto litigator Matthew Urback tells people his first university degree was in math, most are surprised and curious as to how that prepared him for a career in law. As ... Read more

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Loopholes likely to remain after tax act amendments

Although the government recently announced plans to tighten a number of tax rules — including a move to prevent ‘income sprinkling’ amongst family members ... Read more

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Nurse fails to accept full responsibility for past misconduct

By Lonny Rosen & Elyse Sunshine A nurse applied to the College of Nurses of Ontario (the College) for his revoked registration to be reinstated. Unfortunately, his minimization of his professional misconduct in ... Read more

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Independent legal advice – what is it and why have it?

By Inga Andriessen Ah, independent legal advice (ILA). That throwaway line in many agreements where people sign saying they have had an opportunity to have it, but have chosen not to. We ... Read more


News
Supreme Court patent decision brings Canada in line with the world
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Canada’s patent regime has stepped in line with the rest of the world after the Supreme Court of Canada (SCC) rejected the promise doctrine, Toronto patent lawyer ... Read more

One year on: cuts to insurance benefits taking a ‘mental toll’
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Ontario’s reduced auto insurance benefits are already affecting people who have suffered severe injuries in motor vehicle crashes, says Toronto critical injury ... Read more

Bilingual Ottawa bill could cause legal problems
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A provincial law to officially recognize the bilingualism of Ottawa may not be necessary, says Brampton lawyer-linguist Suzanne Deliscar . Liberal MPP Nathalie Des ... Read more

Costs rulings show how public policy plays out in estate litigation
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Although in estate litigation, the unsuccessful party is often responsible for the successful side's costs, there is an exception when public policy considerations are engaged ... Read more

Feds unveil plans to stop 'unfair' business tax advantages
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OTTAWA — The federal government is proposing measures to tighten what it calls “unfair'' loopholes for private corporations that enable many wealthy Canadians, ... Read more

Claims administration, third-party funding and access to justice
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Third-party funding can not only be used to finance unresolved litigation, it can be applied in a claims-administration process to ensure plaintiffs get timely payment for settled ... Read more

SCC renders decision against Google
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A Supreme Court of Canada (SCC) ruling ordering search engine giant Google to remove the web pages of a company found to be duplicating a technology firm’s products will ... Read more

The weight of words in family law matters
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Lawyers can help set a more positive tone for splitting couples going through a tough period simply through the language that they use, Toronto family lawyer Richard Diamond ... Read more

Buying a cottage comes with a unique set of issues
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With summer now in full swing, some may be tempted to join the happy hordes heading to cottage country, says Toronto real estate lawyer Sarita Samaroo-Tsaktsiris . But ... Read more

Magazine profiles Carvajal's immigration law work
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As Canada boasts dozens of immigration programs and every client has different needs, it is important to assess the strengths and risk factors of each case to determine the best ... Read more

Two heads are better than one in dispute resolution
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Two heads are better than one when it comes to dispute resolution, Toronto mediator and settlement counsel Mitchell Rose writes in The Advocates’ Quarterly . ... Read more

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Opinion
Supreme Court 'Equusteks' it to online trademark infringers
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By John Simpson This post concerns one of the two recent landmark decisions from the Supreme Court of Canada concerning territorial commercial interests on the borderless Internet. In the ... Read more

Employer obligations: pregnancy and parental leaves
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By Doug MacLeod We often get calls from employers asking about their rights and obligations toward employees seeking pregnancy and parental leaves. Applicable legislation About 90 per ... Read more

Elder abuse under the guise of a POA is all too common
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By Lisa Laredo While awareness of elder abuse is on the rise, sadly, its prevalence is not falling. Spotting this kind of abuse is not all that easy though, because neglect and financial ... Read more

Defensive tactics to defend against an unsolicited take-over bid
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By Cameron MacCarthy and Joe Rattan Recent changes to Canadian securities laws (as of May 2016) have created longer time frames and higher tender bid thresholds, amongst other things, in respect of ... Read more

New evidence presented in Toronto police sexual assault trial
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By Joseph Neuberger Sexual assault trials are high-stakes affairs for those on both sides of the allegation. These cases are notoriously complex, especially when substance use is involved. This ... Read more

Workplace accommodation: miscarriage, pregnancy related illnesses
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By Bram Lecker and Maria Esmatyar The Ontario Human Rights Code protects the disabled from discrimination and harassment at the work. If you become temporarily disabled due to an illness or injury, your ... Read more

Latest Chapter in Employment Law: Bill 148, tort of harassment
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By Natalie MacDonald and Geoffrey Lowe Bill 148 brings big and not so big changes to the Employment Standards Act, 2000 In May, the Changing Workplaces Review released its long-awaited final report, the ... Read more

Unjust dismissal under CLC covers dependent contractors
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By Barry B. Fisher In an adjudication under Part III of the Canada Labour Code (CLC) (unreported decision dated April 9, 2017), Adjudicator Daniel Cameron had to determine whether or not a ... Read more

What not to do: legal PR lessons from the trenches
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By Jana Schilder  Do you think that public relations practitioners working for police departments are as upfront as police officers? This question arises on the heels of a two-page ... Read more

Home insurance payouts for victims of domestic violence
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By Lisa Gelman A recently introduced private members bill from Toronto MPP Mike Colle seeks to direct insurers to pay out claims for cases involving domestic violence. The Innocent ... Read more

Characterization of stay orders for the purposes of appeal
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By Andrew Feldstein This recent decision from the Court of Appeal causes some confusion with respect to the characterization of stay orders for the purposes of appeal, and the requirements for ... Read more

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