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Test is 'onerous' for supervised child access

When considering access, children should have the opportunity to build strong bonds with each of their parents unless there is a risk of harm, says Toronto family ... Read more

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Appeals court upholds ruling in franchise case

A recent decision from the Ontario Court of Appeal on whether the relationship between two parties constituted a franchise is raising eyebrows in the franchise community, says ... Read more

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Foreign students benefit from Express Entry changes

International students were the big winners thanks to recent changes to the Express Entry program, Toronto immigration lawyer Andrew Carvajal told a gathering of the Ontario ... Read more

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Desire for fresh start drives spike in family law work in January

People’s desire for a fresh start in the new year helps make January the busiest time for divorce lawyers, says Toronto-based family lawyer Julie Chan . ... Read more

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Family law satisfies Aiaseh's thirst for justice

While some lawyers choose to decorate their walls with artwork, Toronto area family lawyer Ella Aiaseh has taken a different route. Framed above her desk is the copy of ... Read more

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Vulnerable road user laws could encourage driver deterrence

The way the law has developed in Ontario has given ‘special status’ to drivers, which is being reflected in the sentencing and outcomes of cases where pedestrians and ... Read more

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Deference for committee’s decision to issue a ‘caution’

By Lonny Rosen  and Elyse Sunshine The Supreme Court of Canada recently denied leave to appeal two judgements arising from the judicial review of a decision by the Inquiries, ... Read more

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Seven-year-old evidence overturns sexual assault conviction

By Stacey Nichols  There are many examples in the annals of law of a person's past coming back to haunt him or her. There are occasions, however, when old evidence can change an outcome for the ... Read more

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Fraudulent concealment

By Ian Hull  Pursuant to s. 4 of the Limitations Act , generally , a claim should be started by an individual within two years of the claim being discovered. Section 5 of ... Read more


News
Bill 87 and the down side to patient care
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Ontario’s proposed Bill 87, the Protecting Patients Act, may have an unintended detrimental effect on health care because it could make some physicians self-protective and ... Read more

Case points to a need for better observation of police
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The case of a man who was acquitted of failing to provide a breath sample after a judge described Toronto police officers’ conduct as “aggressive” and ... Read more

Botting seeks leave to appeal extradition case to the SCC
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British Columbia extradition lawyer Dr. Gary Botting is seeking leave to appeal to the Supreme Court of Canada (SCC) an extradition case in which he alleges abuse of process by ... Read more

Problem-solver Rose finds his calling in mediation
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Solving problems is a passion for Toronto lawyer and mediator Mitchell Rose . With an avid interest in clinical psychology dating back to his undergraduate days, Rose ... Read more

'Buyer's remorse': setting aside a marriage contract
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Properly negotiated marriage contracts can't easily be undone, so couples should be sure of the small print before signing off, says Toronto family lawyer Richard Diamond . ... Read more

Challenge to define property rights on social media
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As intellectual property (IP) laws have been around for decades, they are not always well-suited to resolving online IP disputes — and specifically, it is often difficult to ... Read more

Remote desktop problematic for lawyers accessing large files
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Although Will Davidson LLP began to access software and data located on company servers using virtual desktop infrastructure (VDI) five years ago, Toronto personal injury ... Read more

MLA's reinstatement offers chance to discuss workplace sexual harassment
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The debate over a former Manitoba cabinet minister’s return to the NDP caucus should be an opportunity to discuss a change in workplace attitudes to sexual harassment, says ... Read more

Elders a target for financial abuse
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A recent CBC report on an elderly man whose children allegedly drained his bank account is a cautionary tale for those selecting a power of attorney (POA) for their assets, ... Read more

Act discriminates against disabled adult children
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Laws should be consistent across Canada to allow disabled children be supported into adulthood — whether their parents were married or not, says Vaughan family lawyer Paul ... Read more

Case drags on more than 50 months: court grants stay of proceeding
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The Ontario Superior Court of Justice granted a stay of proceedings for Toronto criminal lawyer Elham Jamshidi 's client after reinforcing an accused's right to a speedy trial. ... Read more

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Opinion
Police to test devices that screen drivers for illegal drugs
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By John Navarrete  As every Canadian of voting age is doubtless aware, the federal government is planning to move ahead with its campaign promise to legalize marijuana. Police across the ... Read more

Tips for safe winter driving
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By Joseph Cescon  Many Canadians are in the throes of winter and along with the bitter cold can come terrible driving conditions. During the winter months, our roads are covered in snow and ice. ... Read more

Parental alienation and the Family Bridges Program
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By Andrew Feldstein  X v. Y, 2016 CarswellOnt 10514 : In this decision, Justice Trimble outlines the merits of the Family Bridges Program. The Family Bridges Program is designed for ... Read more

When rights conflict: religious belief vs. equality
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By Nicole Simes  The Toronto Star recently reported that a Toronto Police Service chaplain stated online that “a woman should be ‘obedient’ to her husband at all ... Read more

Joint session: a tale of two mediations
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By Bernard Morrow  In this my last post of 2016, I share a tale of two wrongful dismissal mediations conducted weeks apart. While both ended in settlement, the road to resolution was very ... Read more

Employment rights for federally regulated employees
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By Paul Willetts  The authority to make laws in Canada is split between the federal and provincial governments. Generally speaking, the employment relationship of most Ontario workers is subject ... Read more

The position of executor: from cradle to grave
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By Avi Dahary  Part I – An introduction to the position This is the first of a 10-part series in which the position of estate executor is explored from the time an individual is ... Read more

Grandparents’ rights of access to grandchildren
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By Lisa Gelman  We recently highlighted a CBC News article that discussed the plight of grandparents who have been denied access to their grandchildren after the ... Read more

Employers finding it difficult to comply with new Ontario laws
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By Doug MacLeod  Lawyers as forest rangers You can compare employment lawyers to forest rangers. We prevent legal fires when we, for example, draft employment contracts and legally ... Read more

The case for law firm Facebook pages
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By Samantha Collier  I’m currently working on a 2016 Canadian law firm social media report. Tonight was dedicated to analyzing Canadian law firm Facebook business pages. Over 50 per cent ... Read more

Managing attendance and absenteeism
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By Stuart Rudner  and David Master Managing attendance and absenteeism in the workplace is one of the most difficult issues for employers. Some common questions are: Are employees entitled ... Read more

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