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Rare decision won't open legal floodgates: Shekter

Just because things go wrong during surgery doesn’t mean you can sue a doctor for negligence, says Toronto litigator  Richard Shekter .  Not even if you wake up ... Read more

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Anti-SLAPP legislation needed to avoid David v. Goliath cases

Anti-SLAPP legislation could help avoid David and Goliath court battles like one currently before the British Columbia Court of Appeal, says Fredericton litigator  ... Read more

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Children best served by healthy co-parenting after split

Effective co-parenting is a skill that can be learned, but that requires some practice and should be adopted early on, Alberta child protection specialist Melani Carefoot tells ... Read more

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Case confirms employees have rights during probation period

Employers need to demonstrate good faith during probation periods when they’re assessing whether a relationship with a new employee is going to work out, Toronto employment ... Read more

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Citizenship Act amendments positive, but should have gone further

Although he welcomes recent amendments to the  Citizenship Act that revoke the “draconian security provisions” formerly in place, the changes should have also ... Read more

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Pre-charge screening and the court backlog: Gadhia

A new report highlighting that nearly half of all criminal charges in Ontario are withdrawn or tossed before trial — a higher rate than anywhere in Canada — points to ... Read more

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Two-year wait doesn't necessarily kill claims

Accident victims who discover the full extent of their injuries after the two-year deadline for civil actions could still have a claim, Kitchener litigation lawyer Graham ... Read more

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Cocaine addiction no excuse for workplace accident says SCC

A Supreme Court of Canada (SCC) decision that a British Columbia coal mine worker was properly fired when he tested positive for cocaine after an on-site accident is a benefit to ... Read more

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When is a bonus entitlement not entitled?

If you earn bonuses, you may be entitled to those payouts even after you’ve been fired, says Ottawa labour and employment lawyer  Paul Willetts . “If you have ... Read more

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Appeal court decision creates confusion about fair comment defence

An appeal court decision has added to uncertainty about when accusations of wrongdoing will be considered statements of opinion as opposed to fact, says Toronto defamation ... Read more

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Unclear language renders exclusion unenforceable

Ambiguously worded exclusions give policyholders a route to challenge coverage denials, says Vancouver insurance lawyer  Sean Lerner . In a recent case , the Supreme ... Read more

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Toronto house prices hit divorcing couples hard

Toronto family lawyer  Katelynn Schoop  says divorcing couples should consider the city’s high cost of living when drawing up separation agreements.   ... Read more

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Lawyers should warn clients about self-rep challenges

Extra costs are hard to avoid when the opposing party has no legal representation, says Toronto-area family lawyer  Ella Aiaseh . According to Justice Canada , provincial ... Read more

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Blurred lines: Independent contractor or employee?

Employers who contract out work must ensure the working relationship is truly an independent one, Vancouver employment lawyer Heather Hettiarachchi tells AdvocateDaily.com . ... Read more

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Understanding car insurance benefits key to being prepared

A major part of ensuring you are financially prepared for the unexpected costs in the aftermath of an accident involves checking car insurance policies to make sure you ... Read more

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OCA sets out fundamentals of judge's charge to jury

In a recent ruling that ordered a new trial in the case of two men convicted of murder, the Court of Appeal did a good job of setting out the fundamentals of a judge's charge ... Read more

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Judge pegs man's income at $1.2 million after inadequate disclosure

Parties who make inadequate financial disclosure risk having an income level imputed to them by the court, says Toronto family lawyer  Jennifer Samara Shuber . In a recent ... Read more

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SCC's Cody ruling underscores 11 (b) Charter right

The Supreme Court of Canada’s (SCC) R. v. Cody reinforces the fundamental purpose of s. 11 (b) of the Charter — an accused’s right to a fair trial, says ... Read more

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Breaking bad: protecting elders from financial abuse

Toronto wills and estates lawyer Patrick J. Aulis has witnessed first-hand the devastation of financial elder abuse but says seniors can take steps to protect themselves from ... Read more

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Laws need to catch up to courts on child-care accommodation: Lecker

The law needs to catch up to the courts when it comes to accommodating workers’ child-care needs, says Toronto employment lawyer  Bram Lecker . “For years the ... Read more

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