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Preliminary inquiries ‘grease the wheels of justice’ and serve key purpose

The preliminary hearing process cannot be underestimated; its value is significant in assessing the evidence before wasting considerable court resources on a trial, says Toronto ... Read more

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CPP disability benefits are not insurance, SCC rules

Canada’s top court has ruled that disability benefits from the Canadian Pension Plan should not be clawed back by insurance companies if drivers are suing for any shortfall ... Read more

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Children suffer in acts of retaliation between parents

A judge’s harsh criticism of a Nova Scotia woman who changed her son’s last name without his father’s consent should serve as a caution to parents to think ... Read more

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Dykeman joins forces with marketing gurus for UltimateAttorney.com launch

Toronto health lawyer Mary Jane Dykeman is part of a unique collaboration that has launched UltimateAttorney.com , an online coaching and e-learning ... Read more

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Tougher sentences failing to curb fentanyl trade

Although the British Columbia Court of Appeal recently spoke in favour of stricter sentences for fentanyl dealers in light of the current rise in deaths due to the drug, Toronto ... Read more

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Plan early for transfer of family cottage

While the family cottage is generally a place filled with happy memories, the significant sentimental and financial value that some attach to the property may lead to contentious ... Read more

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The lawyer’s role in the collaborative process

By Lisa Gelman The Ontario Superior Court of Justice recently had the opportunity to review a lawyer’s role in the collaborative process when the husband in a family law matter ... Read more

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Paediatric traumatic brain injuries: early diagnosis and rehab

By Alison Burrison  and Bryan Sansom, articling student A traumatic brain injury (TBI) is an injury to the brain, such as bleeding or concussion, which results from the application of an external ... Read more


News
Child to be returned to mother in global abduction case
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The circumstances under which a child is removed from the home has a significant impact on whether the removal will be considered an abduction, as demonstrated by a recent motion ... Read more

Axing the preliminary hearing 'shortsighted, irrational'
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Eliminating the preliminary hearing would be an irrational decision that lacks foresight, and would do little to reduce wait times for trials in the court system, says Toronto and ... Read more

Litigants funded by legal aid have little incentive to settle
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A family court judge known for his strongly worded decisions is critiquing litigants who find little incentive to settle because they are funded by legal aid, says Ottawa family ... Read more

IPC decisions inform health providers about medical record issue
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Five recent decisions from Ontario’s Information and Privacy Commissioner (IPC) are throwing light on the hot issue of how health-care providers should best respond to ... Read more

Fisher takes practical approach to employment mediations
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When Toronto employment mediator and arbitrator Barry Fisher began his career, his practice area was an emerging field. “When I started, it was still called ... Read more

Vacation, sick time are options for striking workers
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Employers are not legally obligated to pay workers for time they are protesting away from work, but there may be another mutually agreeable solution, Toronto employment lawyer ... Read more

Specialized expertise needed to disprove false accusations
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False accusations of physical, emotional and/or sexual abuse are a common occurrence in contested matrimonial cases, and refuting these allegations is a challenge for those ... Read more

Allowing paralegals to represent family law litigants not a solution
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Granting paralegals a specialized licence to handle some family law matters is not the answer to the growing problem of people representing themselves in custody disputes, ... Read more

New legislation: a mixed bag for surrogacy in Ontario
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Although the new All Parents Are Equal Act contains positive provisions related to gamete donation, the legislation contains few benefits when it comes to surrogacy agreements, ... Read more

Caring for Fido and other family pets in estate plans
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Pets are a much-beloved part of many families so it’s not surprising more people are making provisions for them in their estate plans, says Toronto trust and estate lawyer ... Read more

Success is an inside job: Janice Quigg
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Toronto lawyer, life and business strategist, mediator and author Janice Quigg is on a mission to help lawyers and other high-octane professionals lead exceptional lives by ... Read more

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Opinion
Two drivers walk free after a violation of rights
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By John Navarrete Drivers in Ontario who are accused of driving while intoxicated may find two recent court rulings interesting. These cases show how important it is for drivers to take note of ... Read more

The common law slayer rule
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By Ian Hull The common law slayer rule makes the law in Canada clear that committing murder will prevent a person from inheriting the estate of the victim. For clarity, the accused must be ... Read more

Relationship tips: talk, listen and love
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By Jennifer Samara Shuber I was watching a rerun of “Modern Family” the other night. In the episode, Phil learns a neighbour’s wife has left him. Phil tells the viewer that ... Read more

ONCA: summary judgment not so simplified
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By Nicole Simes Since the Supreme Court decision in Hryniak v. Mauldin , terminated employees are increasingly seeking summary judgment. This method of resolution offers ... Read more

AML compliance: some perspective about Manulife
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By J. Bruce McMeekin I have been reading with interest the press reports criticizing FINTRAC for its decision in 2016 to publish, anonymously, the $1.15 million in administrative penalties levied ... Read more

Questions about becoming a surety
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By Melissa McCormick Getting a phone call from the police telling you that your loved one has been arrested is one of the scariest things that can happen to you. You immediately go into panic mode ... Read more

How to respond to requests for family status accommodation
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By Doug MacLeod Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents. ... Read more

Heirs fighting over estate of famous harpist
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By Charles Ticker A recent story from London, England is a great example of a will challenge caused by a beneficiary being disinherited. The dispute involves the heirs of Jack ... Read more

Health professionals must exercise caution in legal proceedings
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By Lonny Rosen & Elyse Sunshine The decision of JK v. BJH 2016 CanLII 85163 (ON HPARB) reminds health professionals to be very careful when preparing affidavits for use in legal proceedings in ... Read more

Who owns what when (or bona fide purchaser without notice)
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By Inga Andriessen Occasionally this blog draws on recent cases in the firm and this blog is one of them. A fraudster provided a fake cheque as form of payment for a piece of equipment and the ... Read more

Pull out your calculator: presentence custody and enhanced credit
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By Karri-Lynn Hennebury It happens almost every week. I talk to a client who has talked to someone else, who heard from their best friend’s neighbour’s uncle’s friend in law school ... Read more

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