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Insurer forced to pay out claim after failing to prove arson

An insurer needs more than suspicion to deny homeowners coverage in cases of suspected arson, Vancouver personal injury lawyer Sean Lerner tells AdvocateDaily.com . In a ... Read more

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'Sandbagging' not a sure thing in Canadian courts

Sandbagging reflects poorly on all parties to a transaction, Toronto corporate lawyer Marlin Horst tells AdvocateDaily.com . Horst, a partner with Shibley Righton LLP , ... Read more

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Privacy controls and impact on accessing digital evidence

Life is about to get more complicated for litigators seeking digital evidence as privacy controls grow tighter to meet consumer demand, says Jason Green, principal of Hexigent ... Read more

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SCC decision a victory for ‘zealous advocates’

A recent Supreme Court of Canada (SCC) ruling clarifies the boundary between what constitutes incivility in a courtroom and strong legal advocacy, Toronto employment lawyer ... Read more

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Decision doesn't address nurse's freedom of expression rights

A recent court decision is concerning because of the way it chose not to interfere with a discipline committee’s sanction of a nurse who expressed criticisms on Facebook ... Read more

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Issues of piercing corporate veil remain after OCA decision

The “long and twisting saga” that pits South American villagers against a global oil giant took another turn recently in a Canadian courtroom, Toronto business lawyer ... Read more

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Communication, detailed will essential for blended families

When it comes to blended families, a detailed will is crucial, Ottawa family lawyer and civil litigator Timothy N. Sullivan writes in The Lawyer’s Daily . ... Read more

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Court reporting the Long-Term Care Homes Public Inquiry

By Kim Neeson Neesons is providing same-day rough draft and overnight certified transcripts in the Long-Term Care Homes Public Inquiry focusing on the tragic events caused by former nurse ... Read more


News
A call for the release of PAR program data: Forstner
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Domestic violence defendants are being asked to take counselling programs that are often unnecessary and can even be harmful, says Oshawa criminal lawyer Lawrence Forstner . ... Read more

Seamless integration: the case for legal call centres
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The hallmark of a quality legal intake call centre is one that provides a service that combines advanced technology with the personal touch, says Tom Ball, director of sales and ... Read more

Rodeo cowboy Dunn brings country sensibility to criminal defence
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Calgary criminal lawyer Greg Dunn doesn’t concern himself with what the public thinks about his clients' guilt or innocence. Whether they’ve done what ... Read more

Eight steps to a mindful life
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In Part 5 of a seven-part series on mindfulness, Toronto-area family lawyer Nicolle Kopping-Pavars discusses how to follow a mindful path in eight simple steps . To live a ... Read more

Law and humour go together for Strigberger
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Comedy came early into the life of legal humourist Marcel Strigberger . “It was probably around Grade 2 after I came in late from a medical appointment,” he tells ... Read more

Burden of proof rests with the Crown: Hicks
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Toronto criminal lawyer Christopher Hicks emphasized before a jury trial in Goderich that the burden of proof rests with the Crown and there is no onus on the defence to prove ... Read more

Rape shield law unfairly applied; court quashes sex assault conviction
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TORONTO — Canada's so-called rape-shield law, which aims to protect sexual-assault complainants from unfair and irrelevant scrutiny of their sex lives, cannot be used to ... Read more

Despite case, system not ‘intrinsically corrupt’
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A case involving a justice of the peace fired for interfering in an assault matter in which his partner was the alleged victim is a rarity but “scary” nonetheless, ... Read more

Jurors' internet research disruptive to entire process: Orlando
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It is unrealistic in this day and age to think that jurors won’t conduct their own internet research during a trial, Toronto critical injury lawyer Dale Orlando tells ... Read more

Adult son's high-profile eviction would have been easier in Ontario
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Kicking family members out of your house is typically easier than getting rid of tenants, Toronto civil litigator Sarah O’Connor tells AdvocateDaily.com . News outlets ... Read more

Bill C-46 distorts ‘serious criminality’ provisions for immigrants
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A new law that increases the maximum penalty for impaired driving will have a “disproportionate” impact on immigrant offenders, Toronto immigration lawyer Robin ... Read more

Surrogacy laws need more work: Cohen
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Canada still has a long way to go to bring clarity to the laws governing reproductive issues, Toronto fertility lawyer Sara Cohen tells Law Times . Cohen, founder of ... Read more

Health sector keeping close eye on nurse inquiry
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ST. THOMAS, Ont. — A nurse who killed elderly patients in her care was disciplined several times over poor job performance but no one thought she was seriously harming ... Read more

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Opinion
Training is your best weapon to guard against fraud
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By Kate Dewhirst Recently, the Information and Privacy Commissioner of Ontario released two new health privacy decisions. Decision 68 reads like a made for TV movie. It’s a doozy. ... Read more

What you need to know about letters of intent
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By Anton Katz The very first document that is negotiated between the parties in a transaction – such as the purchase of a business – is often a letter of intent (LOI). While ... Read more

Can my child decide which parent they want to live with?
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By Marcus Sixta When parents are in the process of divorce or separation, sometimes children may express a desire to live with one parent over another. If this occurs in a family law case, ... Read more

The Good Samaritan Drug Overdose Act
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By Joseph Neuberger According to the Government of Canada, the increasing number of overdoses and deaths caused by opioids has become a national public health crisis. In an effort to protect ... Read more

Paralegals versus criminal defence lawyers in Ottawa
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By Céline Dostaler When charged with a criminal offence some individuals believe that they can defend themselves in court, but once they realize the difficulty of the court system they seek ... Read more

Reviewing a severance package: what to expect
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By Doug MacLeod You have just been terminated. You have been given a week or so to accept a severance package but you don’t know if it is fair. That is where we come in. We tell you ... Read more

Why you should consider a marriage contract
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By Jennifer Samara Shuber Couples might be hesitant about entering marriage contracts out of fear that a contract pre-supposes the demise of a relationship. I prefer to look at marriage contracts as a ... Read more

Fired while ill?
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By Bram Lecker and Simon Pelsmakher For most of us, a secure job is one of the most important pillars in our life. It is a mainstay to financial security. Our employment laws are written ... Read more

Bill 174 (the Cannabis Act) — marijuana at the workplace
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By Christopher Achkar The topic of marijuana at the workplace is of particular importance nowadays. On July 1, 2018, the Canadian government plans to introduce an amendment to Bill 174, the ... Read more

The impact of arrest on a young person's future
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By John Navarrete “Good habits formed at youth make all the difference” – Aristotle Even over two thousand years later, Aristotle’s words ring true. While ... Read more

What will you do for long-term care?
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By Suzana Popovic-Montag One of the challenges with demographic trends is that they tend to fly under the radar until they are suddenly upon us. Ensuring there is adequate care for our aging ... Read more

Imputing income — intentional underemployment
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By Andrew Feldstein In this case , the parties began living together in 2000, married in 2002. The parties have two children together. The parties separated, with no reasonable prospect of ... Read more

Five reasons you need a power of attorney for property
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By Lisa Laredo Power of attorney (POA) documents are incredibly important. Without them, should you no longer be mentally or physically capable of making decisions on your own, the courts ... Read more

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