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What to do when surgical mesh implants go wrong: Will

People suffering from pain or discomfort caused by a surgical mesh implant should seek medical attention and then meet with a lawyer as soon as possible, says Toronto personal injury lawyer Gary Will . Read more

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Barring intoxication defence in assault cases violates Charter rights: Conron

Defendants should be allowed to raise a reasonable doubt about their mens rea as a result of extreme drunkenness to allegations of sexual assault, even though a man who received court permission to argue that point was found guilty, London criminal lawyer Carolynn Conron tells AdvocateDaily.com . Read more

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New centre dealing with cannabis-related disputes

The recently launched Canadian Cannabis Dispute Resolution Centre is an "excellent way" to confidentially resolve disputes involving cannabis without attracting the attention of foreign governments, says Toronto litigator and commercial arbitrator Marvin Huberman , who is certified as a specialist in civil litigation by the Law Society of Ontario. Read more

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Child access and domestic abuse allegations: a delicate balance

In the final instalment of a three-part series on domestic violence, Toronto family lawyer Jennifer Daudlin discusses the importance of putting children first in separation and divorce. Read more

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Lawyer can help negotiate a fair settlement after termination

Employees who resign from a workplace often leave without any kind of severance, but in some cases they may have an entitlement, regardless of which side terminated the contract, Toronto employment lawyer Ellen Low tells AdvocateDaily.com . Read more

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Warring siblings make bad estate trustees

Parents should think twice before appointing all their children as executors, Toronto-area estates litigator and mediator Charles B. Ticker tells AdvocateDaily.com . Read more

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Top 10 ways MKD International Inc. helps law firms

A good private investigation firm can provide invaluable assistance to litigators in a variety of ways, whether it is interviewing witnesses, conducting surveillance, or detecting fraud, says Toronto-area private detective Jim Downs . Read more

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Not a privilege between management and HR

By Barry B. Fisher In this case , Master Champagne had to decide whether a series of emails between senior management and the human resources department had to be produced in an Affidavit of Documents. Read more

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Making a disability claim in Ontario

By Bram Lecker and Kimberley Sebag Read more


News
Province failed to clarify difference between online, proxy votes: Loeb
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Changes to Ontario's Condominium Act allowing electronic voting is not the panacea the government had envisioned, Toronto condominium lawyer Audrey Loeb tells AdvocateDaily.com . Read more

Know your burden of responsibility in an accident: Paciocco
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In the first instalment of a two-part series, Windsor personal injury lawyer Gino Paciocco discusses the legal principle of contributory negligence. Read more

Document loans, gifts when helping kids with mortgage
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In light of a recent Ontario Court of Appeal ruling , parents who want to help their grown children buy a home should always be careful to put it in writing whether the assistance is a gift or a loan, Toronto family lawyer Glen Schwartz tells AdvocateDaily.com . Read more

Legal cannabis use and parenting plans — questions abound
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Judges must eventually rule on how recreational marijuana use affects parenting plans after separation or divorce, Toronto family lawyer, mediator and parenting co-ordinator Steve Benmor writes in The Lawyer’s Daily . Read more

Tread carefully with abuse, addiction allegations in family matters: Simpson
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When a former spouse raises allegations of abuse, it’s important to investigate quickly and determine what, if any, proof exists, Toronto family lawyer Erin Simpson tells AdvocateDaily.com . Read more

Safeguard against 'deep-fake videos:' Duquette
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Ryan Duquette , principal of Oakville-based Hexigent Consulting , tells the CBC that the proliferation of "deep-fake videos" is a warning to be vigilant about the photographs you post online. Read more

Drake's bid to limit DJ's trademark rights deep-sixed
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The Trade-Mark Opposition Board held that a DJ represented by Toronto intellectual property lawyer John Simpson is entitled to the exclusive use of the name "6IX" in association with DJ services across the country — despite opposition from Drake, one of Canada's biggest celebrities. Read CBC News ... Read National Post ... Read Canadian Lawyer ... Read World Intellectual Property Review ... Edmonton Journal Read more

Latest drinking and driving legislation 'unfathomable:' Neuberger
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“Troubling” legislation that allows police to demand a breath sample two hours after a driver has parked their car will eventually be contested at the Supreme Court, predicts Toronto criminal lawyer Joseph Neuberger , whose firm is often retained to run constitutional challenges. Read more

Decision offers guidance on arbitration clause enforceability
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A recent Court of Appeal decision provides valuable guidance on when arbitration clauses will be enforced, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com . Read more

Brave new world: navigating privacy breaches
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New requirements for businesses to report data breaches to the Office of the Privacy Commissioner and alert their clients will not likely result in many fines, says Tyler Hatch , founder and CEO of DFI Forensics Inc. Read more

Safety concerns surrounding cannabis need more attention: Daya
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Safety concerns risk being lost in the excitement over cannabis legalization, Toronto personal injury lawyer Jasmine Daya tells AdvocateDaily.com . Read more

Now’s a good time to think about RRSPs, taxes
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Taking the time now to consider personal tax implications and laying down a financial foundation for the coming year can go a long way to setting yourself up for success down the road, says Dawn Marchand , vice-president of marketing, product and direct distribution for Lawyers Financial . Read more

Many more women seeking legal advice in wake of #MeToo: Grace
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When Toronto civil sexual abuse lawyer Elizabeth Grace started developing her “niche” practice 25 years ago, her inspiration was in large part to help women who disproportionately suffer from sexual misconduct and assault. Read more

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Opinion
Proportionality and third party disclosure
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By Andrew Feldstein The parties in this case divorced in 2015 after nine years of marriage. They had two children together. The parties entered into a separation agreement in Sept. 2014, which required the respondent father to pay $1,452 per month in child support to the applicant mother, concluding on Jan. 1, 2017. Read more

Joint tenancy: it sounds simple, but is often a double-edged sword
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By Timothy N. Sullivan Generally speaking, property can be owned either personally or jointly. Joint tenancy is when people own a property together and the right to an individual’s share of the property passes, in equal shares, to the surviving owners. (Tenants in common, on the other hand, see their share of the asset become part of their estate, which is then distributed as any other part of their estate upon their death.) Read more

Three steps to influence organizational culture in health care
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By Kate Dewhirst What is culture? According to the Merriam-Webster dictionary, culture is the set of shared attitudes, values, goals, and practices that characterizes an institution or organization. Read more

What is ‘discovery’ and how do I prepare for it? (part II)
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By Anton Katz Part I of this blog discussed the discovery process in general as well as the first two steps: creating the discovery plan and exchanging affidavits of documents. Part II of this blog post will focus on the final steps in the discovery process: examinations for discovery and fulfilling any obligations that may arise afterward. Read more

Balancing the balance
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By Inga Andriessen I love the first couple of weeks after January 1 – it is the time of year you get to see which resolutions are sticking for those who made them. Many lawyers I know were resolving to have work/life balance for 2019 and finding it hard to keep. Read more

Public transit: bigger responsibility to keep the public safe
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Interpersonal difficulties with colleagues result in complaint, SCERP
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By Lonny Rosen and Elyse Sunshine Workplaces, including those in a health care environment, often include a variety of personalities that are not always complementary. Interpersonal difficulties with colleagues can arise in any workplace, but for regulated professionals, there is always a risk that these difficulties can lead to the regulator’s involvement – either through a complaint or mandatory report following disciplinary action. It is important, therefore, to address these difficulties before they lead to ... Read more

Afraid of dying? Take your mushroom
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By Ian Hull Estate law is centred on asset planning for an end-of-life experience. So not surprisingly, we’ve seen just about every end-of-life situation you can imagine. I can tell you first-hand, many of these situations are painful, fearful, and depressing. Read more

What is implied consent?
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By David Hollingsworth Does no consent mean implied consent? What happens if someone uses your vehicle without your consent and causes an accident or injury? Is this implied consent? Read more

Fraud against seniors – can it happen in your family?
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By Suzana Popovic-Montag By now, many of you have had a phone call from the “Canada Revenue Agency” informing you that you owe money, or that a lawsuit or collection process has begun. It’s a scam that’s obvious to most of us – and we hang up and don’t give it a second thought. Read more

Can income be imputed where a payor spouse is in jail?
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By Lisa Gelman An Ontario court recently explored whether interim child support should be ordered when the payor spouse was incarcerated on the basis of imputing income to the jailed spouse. Read more

Child support for university kids
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By Marcus Sixta For a variety of reasons, many studies have shown that children today require more and more education to become self-sustaining. This means that children even over the age of majority have to stay dependent on their parents later in life. A common issue for divorced or separated parents is how child support is supposed to work for children who have turned 18. Read more

New employer-friendly legislation on the horizon
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By Laura Williams Since its election this summer, Ontario’s Progressive Conservative government has been busy reforming Ontario’s labour and employment laws to make them more employer-friendly as part of a campaign aimed at bringing business back to Ontario. The government first passed Bill 47, repealing many of the new entitlements introduced by the previous Liberal government, then stalled implementation of the province’s Pay Transparency Act . Read more

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