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NEW 'Child-focused' language unlikely to mitigate family conflict: Sullivan

Federal legislation that proposes "child-focused" language will likely do little to mitigate conflict between parties with children, Ottawa family lawyer and civil litigator ... Read more

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NEW Liberal government introduces measures to update Canada's family laws

OTTAWA — The federal government has introduced new legislation that aims to help families settle disputes outside court, emphasize the well-being of impacted children and ... Read more

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SCC, family law bar divided on habitual residence test

The Supreme Court of Canada’s (SCC) split decision on a child’s habitual residence in Hague Convention matters reflects the divide in the bar on the issue, Toronto ... Read more

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Exploring a lawyer’s ethical obligations

Solicitor-client confidentiality is so important that it is rare for that trust to be broken and it is rightly protected by the courts, says Toronto senior litigation lawyer ... Read more

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Financial advice pays off: report

Recent research shows working with a financial advisor is the key to asset accumulation, says Dawn Marchand , vice-president of marketing and direct distribution for ... Read more

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Co-mediation makes for cathartic divorce settlements

Two mediators are often better than one, Toronto family lawyer, mediator and parenting co-ordinator Steven Benmor tells AdvocateDaily.com . Benmor, principal of Benmor ... Read more

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Culling the data set for effective eDiscovery

In the first instalment of a two-part series on effective eDiscovery, Epiq's Jason Bell-Masterson explores objectives, budgetary limitations and how to cull data to create a ... Read more

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Employers should rethink no-reference policy: Rudner

There is no good reason for an employer to have a policy against providing references, and in fact, it will usually be in an organization’s best interests to help a former ... Read more

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Lawyers held to a higher legal standard: Shekter

It’s not surprising that a disbarred lawyer was sentenced to a significant jail term for his role in a $1.5-million small-business-loan fraud, Toronto litigator Richard ... Read more

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Sex work remains a legal grey area in Canada: Handlarski

Sex work has been in a legal grey area since the Supreme Court of Canada (SCC) struck this country’s “bizarre, half-measure laws” around prostitution in a 2013 ... Read more


News
Proposed changes to corporate crime prosecution need study: Smith
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OTTAWA — A federal proposal that would allow prosecutors to suspend criminal charges against companies in certain cases of corporate wrongdoing has been quietly included in ... Read more

B.C. decision links mild TBI to plaintiff's early onset dementia
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In a rare move, the Supreme Court of British Columbia awarded a man almost $1.3 million in damages arising out of a motor vehicle accident where he suffered a mild traumatic brain ... Read more

$75,000 human rights damages award should have been higher
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The owner of a tattoo parlour is lucky he didn’t have to pay more than the $75,000 ordered by the Human Rights Tribunal of Ontario (HRTO), says Toronto employment and human ... Read more

SCC decision raises questions about Crime Stoppers survival
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A Supreme Court of Canada (SCC) decision threatens the survival of Crime Stoppers because it undermines the program’s foundation of anonymity, Toronto criminal and civil ... Read more

OCA ruling extends LTD coverage years after job ended
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A recent Ontario Court of Appeal ruling makes it possible for a person who was injured at work to claim long-term disability (LTD) even after leaving the job, says Toronto ... Read more

Government amends 'unfair' medical inadmissibility policy
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Toronto immigration lawyer Matthew Jeffery says the federal government took a step in the right direction when it decided to drop rules that prevented disabled would-be ... Read more

Alert Communications lets criminal lawyers focus on their clients
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Criminal lawyers can rest easy knowing their clients will be taken care of by extensively trained agents when they outsource intake to Alert Communications , says Laura Juarez, ... Read more

Follow these tips to bulletproof your will
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With careful consideration during the drafting process, there are ways to make a will bulletproof, Toronto estates and trusts lawyer Ian Hull tells AdvocateDaily.com . Key ... Read more

New research helps prove future economic loss claims for plaintiffs with TBIs
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A new landmark study on the risk of dementia for individuals who have suffered traumatic brain injuries is a help to plaintiffs with potential future economic loss claims, Toronto ... Read more

New TLA president calls for separate downtown Toronto youth court
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Mixing youths and adults accused of crimes at a new downtown courthouse could expose minors to exploitation, Toronto Lawyers Association (TLA) president Dirk Derstine tells ... Read more

Pedestrian collisions and the need for awareness
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With the number of pedestrian deaths on the rise, it’s critical that people are “situationally aware” at all times, says Toronto orthopaedic spine and trauma ... Read more

DUI changes unfairly target immigrants
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A proposal to increase the maximum penalty for impaired driving could make permanent residents inadmissible to Canada, Toronto immigration lawyer Robin Seligman tells ... Read more

Province's holiday pay reversal good news for employers
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Toronto employment lawyer Deborah Howden says her clients are pleasantly surprised by the provincial government’s reversal on the calculation of public holiday pay. ... Read more

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Opinion
Common law spouses and claims for constructive trust
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By Lisa Gelman The Ontario Court of Appeal recently grappled with the important question of when a common-law partner’s claim for a constructive trust interest in a home may or may ... Read more

Court sets out four elements to set aside a release
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By Barry B. Fisher In this matter , the judge had a case where a manager sought to set aside a release that she had signed upon being terminated with allegations of just cause. Had cause not ... Read more

No material change: court dismisses motion to reinstate access
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By Andrew Feldstein This motion was brought by a father who sought to reinstate access to his eight-year-old son, who he had not seen in six years. The father also sought to terminate a ... Read more

Bill 3, the Pay Transparency Act, 2018 passes into law
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By Laura Williams Bill 3, the Pay Transparency Act, 2018 (the Act), has completed the Ontario legislative process and will receive Royal Assent and become law imminently. The Act establishes ... Read more

Successor employers: your company has changed hands
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By Bram Lecker and Simon Pelsmakher What happens to your employment after your company changes ownership? The new owners are called successor employers and this is a time when employees are ... Read more

Pot talk: coverage for medical cannabis is here
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By Suzana Popovic-Montag Unless there’s an unexpected shift or delay by our government, the Cannabis Act will make the use of cannabis for recreational purposes legal sometime this summer. ... Read more

Should I have a business lawyer litigate my commercial dispute?
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By Anton Katz Small business owners are often balancing competing demands and interests, and trying to be as cost-efficient as possible when doing so. It’s no different when it ... Read more

The latest on the legality of random drug and alcohol testing
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By Doug MacLeod In 2013, the issue of whether an employer can unilaterally implement random drug testing was addressed by the Supreme Court of Canada . Bottom line: there are very few ... Read more

FATCA: U.S citizens living in Canada – financial asset reporting
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By Alexey Manasuev Part III: Asset value threshold for FATCA reporting U.S. citizens who are currently living in Canada or abroad are required to file Form 8938 (FATCA form) if they meet ... Read more

Five traps you should avoid when a patient complains
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By Kate Dewhirst Every health care organization receives complaints. A complaint is any negative feedback received from a patient or family member of a patient about your services. Health ... Read more

Product liability: can having a garage sale make you liable?
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By David Hollingsworth What do product liability and garage sales have in common? Springtime brings new beginnings. When the warm weather finally comes, we are all anxious to open the doors and ... Read more

You lie, you pay: Andriessen
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By Inga Andriessen Have you ever sworn under oath or affirmed to tell the truth before signing a document in front of a notary or commissioner for taking oaths? Did you take it seriously? If you ... Read more

Forcillo appeal decision doesn't alter law around police force
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By Jacob Stilman On July 27, 2013, Const. James Forcillo of the Toronto Police confronted Sammy Yatim, who was armed with a knife, yelling in a threatening manner, while standing alone inside ... Read more

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