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NEW Crown's financial motive theory in Oland murder trial a 'red herring'

The Crown's pursuit of a financial motive is inconsistent with its theory of the case in the second-degree murder trial of Dennis Oland, says Toronto criminal lawyer Christopher ... Read more

Court reporters hailed for importance to the justice system

It’s National Court Reporting & Captioning Week, a time to celebrate the skilled professionals who produce quick and accurate transcripts of live events, Neesons Court ... Read more

No predictability of property division in common-law splits

Alberta recently enacted legislation that governs how common-law couples should divide property when they break up, and Toronto family lawyer Barbara Kristanic says Ontario ... Read more

Trial-ready Cormier tells it like it is to clients

Toronto trial and appellate lawyer Joel Cormier has no interest in telling his clients what they want to hear. Cormier, associate with Will Davidson LLP , tells ... Read more

It's experience that makes you a true private investigator

While a 50-hour training course will put you on the path to becoming a private investigator in Ontario, it takes much more than that to excel in the profession, Toronto-area ... Read more

How to be successful in small claims court

In this first instalment of a three-part series on how to be successful in small claims court, Toronto litigator Stefan Rosenbaum discusses how to get a claim started. While ... Read more

Medical evidence on mental health can help or hinder client's case

Expert evidence on the mental health of a client can be a double-edged sword, Toronto criminal lawyer John Fennel tells AdvocateDaily.com . Fennel, associate with Hicks ... Read more

Family lawyers welcome Supreme Court ruling

The family law bar breathed a sigh of relief after the Supreme Court of Canada (SCC) reinforced a common technique for securing support payments from ex-partners, Markham family ... Read more

A primer on deferred prosecution agreements: Oswald

When a company is facing criminal allegations, a deferred prosecution agreement allows it to avoid court proceedings if certain conditions are met, namely admitting to an agreed ... Read more

Disbursement funding options

By Katie Armstrong A client’s ability to fund disbursements is always a key consideration when preparing a legal budget. Historically, litigation funders would typically only consider ... Read more

Can your employer ask for passwords to your social media accounts?

By Amelia Phillips The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal privacy law for private-sector organizations. The Act sets out the ground rules for ... Read more

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News

Document loans, gifts to married family members to avoid litigation

Family members who advance money to married relatives should be explicit about whether it was intended as a gift or a loan, Toronto family lawyer Gary Joseph tells ... Read more

Policy needs effective enforcement: bencher candidate Rastin

Barrie-area litigator Steve Rastin , says if elected as a Law Society of Ontario (LSO) bencher, he will strive to find "ways to ensure lawyers can continue to provide outstanding ... Read more

Cost-sharing agreements between adjacent buildings - a legal primer

Shared facility disputes are a frequent source of litigation which is why cost-sharing agreements are worthwhile to iron out ahead of time, Toronto real estate lawyer Megan ... Read more

Parents frequently 'dragged into' children's divorce proceedings

Parents who contribute to a married child should formalize the arrangement in writing to avoid legal trouble should the marriage break down, says Toronto family lawyer Ken H. ... Read more

Build fair dispute resolution plans into employment contracts: Rudner

Dispute resolution clauses are a productive method of ensuring that employment-related disputes can be resolved efficiently and effectively — provided they’re properly ... Read more

Buying a business part 2

Closing the deal on the purchase of your new business is just half the job, Edmonton corporate commercial lawyer Kirk Goodman tells AdvocateDaily.com . Once buyers have ... Read more

Proposed changes to the Divorce Act raise controversial issues

Family law reforms are currently under consideration by the Department of Justice following testimony in December before the Justice Committee, Toronto family lawyer Brahm Siegel ... Read more

Contributory negligence related to cannabis use in slip and fall claims

Cannabis legalization will have a significant impact in slip and fall cases where it is argued that any award should be reduced due to contributory negligence, Toronto personal ... Read more

Social media policy key to ensuring compliance with securities laws

While communicating via social media might seem fast, easy and natural, this informality can pose particular risks for public companies when it comes to breaching strict ... Read more

FOLA provides lawyer-focused guide to LSO materials

The Federation of Ontario Law Associations (FOLA) is helping its members connect with the Law Society of Ontario’s (LSO) extensive resources for smaller and regional ... Read more

Calling police first step in revenge porn cases: Zita

If intimate images of you are posted online without consent, you are possibly the victim of revenge porn and should contact police, Toronto criminal lawyer Jessica Zita tells ... Read more

Long-term disability insurance part 3: mental health conditions

In part three of a four-part series on long-term disability insurance, T oronto personal injury and disability lawyer Nainesh Kotak discusses the obstacles faced by claimants ... Read more

Colman’s client recovers more than $60,000 in support

Toronto family lawyer Gene C. Colman recovered almost C$63,000 for a U.S.-based client in a support settlement after a judge found his separated Canadian spouse wasn’t ... Read more

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Opinion

Better late than never - retroactive child support

By Marcus Sixta The obligation to pay child support after separation and divorce is mandated by both federal and provincial legislation in Alberta. This obligation is something that most ... Read more

Catastrophic injury impairment

By David Hollingsworth Automobile insurance is constantly changing. It seems that the government continues to strip away at some of the most vital services required for injured people, especially ... Read more

‘Advances’ on settlement funds and the personal injury lawyer

By Amanda Bafaro for AdvocateDaily.com Should personal injury lawyers lend money to their clients? If you don’t lend your clients money, is it ok to have family or friends lend them money? It’s ... Read more

Five common will drafting mistakes

By Lisa Laredo Write your will right and it will do exactly what you want and need it to do when you die. Your will is your roadmap to your loved ones and a properly written will ensures ... Read more

What I’m looking for in a bencher

By Inga Andriessen If you’re not an Ontario lawyer, then this blog is not for you. This is about our upcoming bencher election for the Law Society of Ontario (LSO). Benchers are elected ... Read more

Justice minister has statutory discretion to drop extradition proceedings

By Dr. Gary Botting for AdvocateDaily.com The online edition of South China Morning Post recently trumpeted, “Donald Trump could change the course of Meng Wanzhou’s ‘years-long’ battle ... Read more

The ways to ruin your chances of settling your divorce in mediation

By Steven Benmor Mediating your divorce is an opportunity to try and settle your case without going to trial. Mediation is a fast, fair and cheap process. Litigation is long, hostile and very ... Read more

Handling mortgage debt depends on circumstances at time of death

By Mary Wahbi for AdvocateDaily.com Your mortgage lives on even after you die, and one way or another, the lender will want to get paid. That's because mortgages are attached to the property, as well as ... Read more

New developments on the doctrine of frustration

By Laura Williams In two 2018 decisions, Canadian courts considered the boundaries of the doctrine of frustration. Frustration occurs when two parties can no longer meet their contractual ... Read more

Liability for the tort of intentional infliction of mental suffering

By Mackenzie Irwin The tort of intentional infliction of mental suffering (IIMS) is not awarded often and requires the plaintiff to meet a very high threshold. The elements required to ... Read more

The limitations of keywords

By Candice Chan-Glasgow A high-profile case making headlines again this week illustrates the frailties of relying on keyword searching alone when searching for relevant documents in any document ... Read more

Unbundled legal services

By Cathryn Paul If you are representing yourself in a family law matter, you are not alone. Over half of the litigants in family court are not represented by lawyers. For many, it is because ... Read more

OCA says shares held by employee valued at date of termination

By Barry B. Fisher In this case , the court had a situation where the plaintiff held private shares in the defendant which, pursuant to a shareholders agreement, were deemed to be sold back to ... Read more

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