Opinion

The presumption of guilt in bail hearings

By Joseph Neuberger Recent changes to the bail hearing provisions in the Criminal Code of Canada, for those accused of domestic violence, including assault and sexual assault, the government has created a reverse onus for anyone with a previous, related conviction. Read more

Don’t have a will? Now’s the time to write one

By Lisa Laredo More than half of Canadians don’t have a will, and if you’re in that majority, it’s time to prioritize creating this vital document. In honour of November being Make a Will month, we want to help you understand why you need a will, and what happens if you die without one. Read more

How can an employee policy handbook benefit me?

By Christopher Achkar Although training can be instrumental to employees’ success, it is not always enough. Similarly, even the best-written contracts are sometimes insufficient to prevent various workplace issues that may arise. This is where an employee policy handbook can complement an employment contract and employee training. Read more

Social media evidence in estates litigation

By Ian Hull For those who are about to enter, or are in the very midst of, a long and arduous legal dispute, beware the ineffaceable nature of social media activity. Read more

What happens in a divorce if one parent is an alcoholic?

By Steven Benmor There are many different reasons why people separate. One of the top reasons is alcoholism. In cases where one spouse is suffering from alcoholism, also known as Alcohol Use Disorder, the family is in a state of disfunction and chaos. Read more

Court grapples with child abduction across borders

By Lisa Gelman International boundaries can introduce numerous complications when child custody is an issue between parents going through separation or divorce as illustrated in this case. Read more

Determining support for an adult disabled child

By Andrew Feldstein In this case, the parties had an adult child who was born with severe cognitive and physiological disabilities and required the constant presence of a caregiver. After the parties’ separation, the child initially resided with the mother before moving to reside with the father. Two years after the move, the father sought increased child support from the mother. Read more

Consent is not the last word

By Kate Dewhirst Stay with me. This might be a bit bumpy. Let’s have a deep conversation about consent. And by consent, I mean consent in a health care context. Consent for treatment or for privacy decisions. Read more

Implications to employers of changes in court procedures

By Laura Williams On January 1, 2020 the monetary limits for claims proceeding in Ontario’s Small Claims Court, and under Rule 76 simplified procedure of the Rules of Civil Procedure (the “Rules”) in the Superior Court of Justice will be increased. Read more

The hiring process and citizenship

By Stuart Rudner I want to talk about the hiring process and citizenship. Specifically, whether employers can ask new applicants where they’re from, whether they are a Canadian citizen, or other things relating to personal and confidential matters that should not be part of the hiring process. Read more

How to start getting paid what you’re owed

By Erica Birstler Unless you’re doing volunteer or pro bono work, you don’t want to work for free. Running a law firm is like running any other business in the fact that cash flow is essential to keeping the doors open. Read more

How to prove you are disabled when applying for LTD benefits

By Nainesh Kotak An illness or accident can prevent you from working. If you are fortunate enough to have a long-term disability policy through work or privately it is important to know what you must do in order to increase your chances of your disability claim being approved. Read more

Negotiating changes to a written offer of employment

By Doug MacLeod When you are offered a new job you will almost always be asked to sign a written offer of employment. If you have had a few years of work experience, did you know that this offer is rarely a take it or leave it situation? Read more

Fired while ill?

By Bram Lecker and Simon Pelsmakher For most of us, a secure job is one of the most important pillars in our life. While your employer can fire you for whatever reason they deem fit, the reason cannot be discriminatory. Disability is one such area of discrimination. Read more

Attack on the rules of evidence in sexual assault cases

By Joseph Neuberger The justice system depends upon public faith to give it legitimacy and that faith must remain intact for both the complainants of crime and the accused. Read more

Frequently asked questions about spousal support

By Usman Sadiq Spousal support is the payment that the higher income earning spouse makes to the lower-income earning spouse after separation or divorce. Read more

Tips to move reluctant spouse toward separation and divorce

By Andrew Feldstein After months or years of conflict, you may have arrived at the decision to divorce, while your spouse still wants to try to make your marriage work. Here are some tips to help you move your reluctant spouse towards separation and divorce. Read more

First impressions of SCC examination of exclusionary clauses

By Barry B. Fisher In this case, the Supreme Court of Canada deals with exclusionary clauses in employment contracts: Read more

Avoid common errors when applying for estate trustee certificate

By Suzana Popovic-Montag Commencing an Application for a Certificate of Appointment of Estate Trustee With a Will is the first step in having a court formally declare a will as valid. This process was formerly known in Ontario as “probate”. Read more

Perfect is the enemy of good

By Michele Allinotte Like most lawyers, I tend towards perfectionism. Being detail-oriented and pushing to get things “just right” is a good thing often, but to a point. Read more