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Compensation for surrogacy award likely to persuade other courts

A British Columbia court’s decision to award an accident victim money to help cover the future cost of having children may lead Canadian courts to make further ... Read more

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Who keeps the ring after an engagement ends?

The question of who gets to keep the ring when an engagement ends before marriage comes down to who broke it off, says Toronto civil litigator Sarah O’Connor. “If ... Read more

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MKD guides companies to set internal safety plans

Companies require internal security controls to protect against possible wrongdoing by employees or external sources, says Jim Downs, founding partner and managing ... Read more

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Self-represented opponent requires extra care

Toronto family lawyer Julie Chan tells AdvocateDaily.com that counsel need to take extra care when the opposing party has no legal representation. According to ... Read more

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Creditors have remedies available when debtors close shop

It can be frustrating for a creditor to obtain a judgment against a company that subsequently takes extraordinary measures to avoid paying up — but as Toronto business ... Read more

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Collaborative law offers separating couples emotional release

Collaborative law gives separating couples an emotional outlet unavailable to them in the traditional litigation process, Toronto-area family lawyer Nicolle Kopping-Pavars tells ... Read more

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More evidence needed to use roadside saliva testing for marijuana

The assertions that marijuana consumption and driving under the influence will increase if it’s legalized need to be challenged to arrive at a reasonable public policy, ... Read more

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Top ten reasons why teaching is like practising family law

By Jennifer Samara Shuber Many of my friends are teachers and/or work with kids. Over the year, I listen to their stories about the children they teach: their antics, their successes, their ... Read more


News
Roadside drug-screening devices raise many questions
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A pilot project to test roadside drug-screening devices highlights questions around the invasiveness and constitutionality of the test, and the circumstances under which police ... Read more

Foreign buyers' tax increases lawyer workloads
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Members of the bar have seen their workload boosted by the province’s foreign buyers’ tax, says Toronto real estate lawyer Daniel Bernstein . Formally known ... Read more

Bales offers concierge service to estate, family clients
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Last time she checked, Toronto estate and family lawyer Karon Bales was the only Ontario lawyer certified by the Law Society of Upper Canada as a specialist in both family law ... Read more

Clients best served when lawyers set realistic expectations
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People who feel wronged by a job dismissal should not expect their lawyer to find a pot of gold at the end of the rainbow, says Toronto personal injury and employment lawyer ... Read more

Profession needs new framework around LSUC duty to accommodate
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At the intersection of employment legislation and the Ontario Human Rights Code , employers have a duty to accommodate an employee with a disability — but there is a ... Read more

Proposed law to limit segregation would help countless inmates
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The federal government’s plan to introduce legislation limiting how long prison inmates can remain in solitary confinement is welcome news to those who have been subject to ... Read more

Bailey's client sees sexual assault charges dismissed
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A judge has dismissed sexual assault charges against a man after Toronto criminal lawyer Kristin Bailey highlighted credibility issues with the complainants who testified at ... Read more

Health scare spurs Greenspan's employment law practice
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An occupational illness in his early twenties helped inspire Toronto-area lawyer Brian Greenspan to a career in employment law. One summer, while working a ... Read more

There were real challenges in the Cosby trial: Hicks
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The fact the allegations in the Bill Cosby sexual assault trial were nearing a decade old was a challenge in the case, Toronto criminal lawyer Christopher Hicks tells CTV News ... Read more

Award for future surrogacy costs believed to be first in Canada
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A British Columbia court’s award for future surrogacy costs may signal a shift in attitude toward surrogacy in Canada, says Vancouver personal injury, workplace occupational ... Read more

Civil litigators need to take risks on behalf of clients
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Although lawyers are often considered to be more conservative by nature, Barrie personal injury lawyer Steve Rastin tells The Lawyer’s Daily that they need to ... Read more

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Opinion
Government suspends CASL private right of action, but fines can still be issued
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By Peter Murphy On June 7, the federal government announced that it is suspending the implementation of the private right of action under Canada’s anti-spam ... Read more

The law of costs
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By Andrew Feldstein This recent decision by Justice Fryer of the Superior Court of Justice is a well-written decision that provides a very good summary of the law of costs. However, it also ... Read more

Locking the box to avoid price chipping
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By Cameron MacCarthy Traditionally, change in control transactions in Canada involving private targets have been completed using a "closing accounts" pricing mechanism under which the parties agree ... Read more

Child custody laws need sea shift social policy changes
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By Gene C. Colman Social policy drives child custody laws. Until now, common "wisdom" has told us that kids are generally better off with one parent primarily; usually that has translated into ... Read more

Creative defences and the impact of Cody
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By Annamaria Enenajor In the recent ruling of R. v. Cody , the Supreme Court of Canada (SCC) reinforced the importance of the right to be tried within a reasonable time and rejected ... Read more

Doctor advised against acquiescing to improper demands of patient
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By Lonny Rosen & Elyse Sunshine The Health Professions Appeal and Review Board (the Board) reviewed a decision of the Inquiries, Complaints and Reports Committee (the Committee) of the College of ... Read more

Preparing an employee severance package: reasons to hire a lawyer
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By Doug MacLeod 1. A lawyer can explain your obligations under the Employment Standards Act . Did you know there are employees who are not entitled to vacation pay, overtime pay, ... Read more

Who is a dependent contractor?
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By Heather Hettiarachchi Employers are generally familiar with the distinction between an employee and an independent contractor. However, many may not be aware that there is a third category ... Read more

Proposed changes to the Voluntary Disclosures Program
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By David J. Rotfleisch Voluntary Disclosures Program (VDP) – current rules The Voluntary Disclosures Program (VDP or Canadian Tax Amnesty) is a Canada Revenue Agency (CRA) program that ... Read more

What is a disclaimer?
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By Ian Hull Receiving an inheritance under a will is a gift, and there is no obligation, as a beneficiary, to accept it. It is possible for a beneficiary to waive their right, or ... Read more

Secret recordings of meetings with boss may constitute just cause
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By Barry B. Fisher In this case , the judge upheld the dismissal of a 42-year-old merchandising manager with 15 years’ service for a series of four separate incidents that the plaintiff ... Read more

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