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New decision offers hope to multiple will holders

Multiple will holders have new hope that their testamentary documents will be upheld after a Superior Court judge went against a colleague’s decision by granting a ... Read more

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Court rules objection to trustee accounts not statute-barred

Executors should make sure beneficiaries are fully informed before taking compensation from the estate according to a recent decision, Toronto corporate lawyer Marlin Horst ... Read more

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Regulatory bodies’ role in policing professional designations

When medical practitioners tout false or misleading information about their professional designations, it puts the public at risk, Burlington health lawyer Cathi Mietkiewicz ... Read more

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Lawyers should confer to plan for efficient, proportionate discovery

A recent Ontario Superior Court decision is a helpful reminder to lawyers that they should be engaging in effective discovery planning, Toronto insurance defence lawyer ... Read more

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Term psychopath 'morality masquerading as science': Fennel

It’s time we stop dehumanizing offenders by designating them psychopaths, a label based on uncertain science, says Toronto criminal lawyer John Fennel . “I ... Read more

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Free expression outweighs reputation protection: Winkler

A former member of Parliament’s unsuccessful defamation case against a major B.C. newspaper underscores a recent trend by the courts to balance interests more towards ... Read more

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Goldlist draws strength from past turmoil in mentoring at-risk youth

Toronto criminal lawyer Jordana Goldlist is mentoring young women and girls who have experienced gender-based violence, helping them overcome and even draw strength from their ... Read more

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Warning signs – will your family fight over your estate?

By Suzana Popovic-Montag No one can predict the future with 100 per cent certainty – but we all have the ability to “read some signs” to make educated guesses about what’s ... Read more

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What are valid grounds for annulment?

By Andrew Feldstein In this case , the parties married on Aug. 16, 2016, but never lived together. The applicant brought an application for annulment on April 26, 2018, saying that there was no ... Read more


News
SCC decision 'classic example' of overlap between estates, family law
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A recent Supreme Court of Canada decision provides counsel with a roadmap for unjust enrichment claims, Toronto family lawyer Gary Joseph tells AdvocateDaily.com . The 7-2 ... Read more

Trump's willingness to intervene in Meng detention roils Canada's justification
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OTTAWA — Prime Minister Justin Trudeau has reaffirmed Canada's commitment to the rule of law following Donald Trump's declaration that he might intervene in charges against ... Read more

Plan ahead to ensure office holiday party is festive — and safe
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Office holiday parties are meant to be fun events to foster a collegial environment, but they can turn into disasters for employers who fail to plan adequately, Markham, ... Read more

Addressing root causes of intimate partner abuse
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Ontario has come a long way in addressing domestic abuse, but with dozens of women still dying at the hands of their partners in this country every year, there is more work to be ... Read more

Tailor ADR clauses to match needs of parties to commercial contracts
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In the final instalment of a two-part series on ADR trends, Toronto lawyer and mediator Eric Gossin offers guidance on how to craft effective ADR clauses in commercial ... Read more

Alberta’s Family Property Act: new protection for common-law couples
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An update of Alberta legislation will create a more equitable way of dividing assets when common-law couples split, says Calgary and Vancouver family lawyer Marcus Sixta . ... Read more

Smith brings cool head to estate litigation
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Problem-solving is the name of the game for Toronto estate litigator David M. Smith . After more than two decades at the bar, Smith, partner with Hull & Hull LLP , ... Read more

Dennis Oland murder trial focuses on his father's missing iPhone
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SAINT JOHN, N.B. — One of the most baffling aspects of the Richard Oland murder case was the focus of attention at his son's trial on Wednesday: What happened to the ... Read more

Bill increases penalties for drivers who kill, injure vulnerable road users
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Re-tabled legislation aimed at improving safety for Ontario’s most vulnerable road users is significant, Toronto critical injury lawyer Patrick Brown tells ... Read more

Trademark trolls will be stymied by new legislation
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Amendments to Canada’s Trademarks Act are bad news for trolls, Toronto intellectual property lawyer John Simpson tells AdvocateDaily.com . The changes are contained ... Read more

Joint accounts between parents and children spur estate litigation
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Parents should resist the temptation to set up joint accounts with their children, Toronto trust and estate litigator Felice Kirsh tells AdvocateDaily.com . Kirsh, a partner ... Read more

OCA qualifies breach of contractual duty of good faith claims
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A recent Ontario Court of Appeal (OCA) decision is "interesting" because it galvanizes the very high threshold required to succeed with a breach of contractual duty of good ... Read more

No new wills after testamentary capacity lost
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Family members create problems for themselves when they encourage a person to sign a new will after they’ve lost testamentary capacity, Brampton lawyer-linguist Suzanne ... Read more

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Opinion
Employment law – changing of the seasons
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By Mitchell Rose Change is in the air. The leaves have turned bright colours, and many, if not most, have fallen to the ground. Seemingly endless summer heat waves have turned to cold days, ... Read more

Theft of intellectual property in the workplace
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By Tyler Hatch Recent surveys suggest that half of employees admit to stealing intellectual property (IP) from their company when they are fired. Their reasons appeared to range anywhere ... Read more

Choose the right executor for your estate
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By Lisa Laredo One of the many important decisions you need to make when making a will is choosing an executor for your estate. This is the person who will wind up your affairs. Choosing ... Read more

Backing out of an Ontario Agreement of Purchase and Sale
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By Michael Lesage Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale ... Read more

Once resignation accepted by employer, employee cannot resile
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By Barry B. Fisher In this case , the judge had a situation where an employee gave her employer four months’ notice of her resignation because she did not want to be involved in an ... Read more

Brain injury among the most catastrophic car accident injuries
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By Nainesh Kotak Acquired brain injury refers to a brain injury sustained after birth. More than 1.5 million Canadians currently live with acquired brain injury. Motor vehicle accidents are ... Read more

Does your elderly parent need help?
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By Ian Hull It’s a situation shared by many – you have a single elderly parent living alone. They’ve always been able to handle their day-to-day needs, with the ... Read more

Send in the Martians: Strigberger
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By Marcel Strigberger So the Insight spacecraft has landed on Mars. Is this huge? I’m not sure. This is the eighth spacecraft to land on the red planet but I am actually totally disappointed ... Read more

The technology ghosts of law firms past — and present
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By Amir Tajkarimi Many businesses have come to rely on the office trifecta: Word , Outlook and the fax . Law firms are no different, but there some pretty convincing reasons to question ... Read more

Valuing employee pensions in wrongful dismissal cases
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By Doug MacLeod A long service, older worker is terminated. Under the terms of the individual’s pension plan, the employer is not permitted to continue his participation in the pension ... Read more

Cross-examination by video conferencing: still the exception
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By Amelia Phillips Under what circumstances can a witness be compelled to attend cross-examination outside of the jurisdiction in which he/she lives versus, say, by video conferencing? While the ... Read more

Access to justice – watering down lawyer relationship not the answer
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By Inga Andriessen Warning – rant ahead. Worse, it’s a rant that only lawyers probably care about. Read on at your own peril. There are many days, well frankly all of them, that ... Read more

Happy Holi-daze – an update on social host liability
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By Mackenzie Irwin As we head into the holiday season, many employers will be hosting holiday parties for their employees. With the recent legalization of cannabis and a new decision out of the ... Read more

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