Opinion

NEW Five safety tips for summer travel

By Alison Burrison Summer is here and it’s time for families, friends, and solo adventurers alike to explore. Whether it’s a road trip or a flight overseas, here are five things that you might not think of that can help make your trip safer and worry-free. Read more

NEW Where there’s a will to contract, there’s a contract to will

By David M. Smith In researching common errors in will drafting, we recently stumbled (as one often does through research) on the following question: In the case of mutual wills, what happens in the event of remarriage? Read more

Employee stock options: proposed changes to preferential tax treatment

By Mackenzie Irwin On June 17, 2019 Canadian Finance Minister Bill Morneau released draft legislation that proposes changes impacting the preferential tax treatment of employee stock options. Read more

Sleeper trains: nostalgia for something we may never have done

By Ian Hull When was the last time you slept (lying down) on a train? Or a better question: have you ever slept lying down on a train? Read more

The pros and cons of mediation joint sessions

By Stuart Rudner “Will I have to sit in the same room as that so and so?” That’s often the question I am asked when I discuss mediation with clients, or with parties when I am acting as mediator. And the answer to that question has changed significantly over the years. Read more

Support payments when the payor’s income is irregular

By Andrew Feldstein In this case, the court was tasked with determining the payor spouse’s income for spousal and child support purposes. This case was contentious because the payor’s income was highly irregular and there was a large difference in the amount of regular base income vs. dividend/bonus payment Read more

Duty of good faith: MacLeod

By Doug MacLeod The employee, a 55-year-old engineer with 22 years’ service with the company, was thinking about either retiring or taking a leave of absence. He decided to request a six-month leave of absence. Read more

When does the clock start to run in a wrongful termination case?

By Amelia Phillips On June 28, 2019, the Divisional Court denied leave to appeal this decision. The case was a rule 21 motion to dismiss, inter alia, the plaintiff’s claim as against three of his former co-workers. Read more

Saving the evidence is key in suspected fraud cases

By Dave Oswald If your organization has a strategy in place to deal with suspected fraud, you’re ahead of the game over those that suddenly come face to face with it. Preserving evidence is key, though this can be a challenge without a proper strategy. Read more

Witches, duelers and viagra, oh my!

By Marcel Strigberger Let’s talk about zombies, to wit, the zombie laws the federal government has erased from the criminal code via Bill C-51. Read more

A cautionary tale about separation and dying without a will

By Matthias Duensing for AdvocateDaily.com After 10 years of marriage and two small children, Theresa falls in love with a co-worker, and asks her husband, Max, to leave their family home in Woodstock, which they owned together as joint tenants. Read more

Billing types and time tracking

By Erica Birstler Many lawyers who bill their client on a flat fee or contingency basis often wonder if they need to track their time if the invoice amount isn’t dependent on hours worked. While recording time takes some effort, the business value it provides is well worth it. From maximizing profitability to avoiding malpractice claims, the benefits associated with tracking time regardless of billing type makes it a must. Read more

Supreme Court of Canada clarifies use of prior sexual activity

By Joseph Neuberger In a recent precedent-setting case out of Alberta, the Supreme Court of Canada overturned a manslaughter acquittal and ordered a new trial due to the Crown’s failure to be alert to the issue of the victim’s privacy regarding her sexual history. Read more

Failure to take harassment complaints seriously can be costly

By Laura Williams Employers who fail to take allegations of harassment and violence seriously and fail to deal with employee complaints in good faith can face major cost consequences if the matter is brought before a court in Ontario. Read more

The four elements that make a health-care team trustworthy

By Kate Dewhirst Trust. Trust is the foundation of healthcare. Without trust, patients delay receiving care. Without trust, patients do not share the truth that helps clinicians uncover what is actually happening. Read more

Drafting effective research funding agreements

By Michael Gleeson Innovations in health care are often the result of research and development initiatives. Such initiatives cannot be carried out without funding. Read more

Is it worth hiring a lawyer to help with a small claims matter?

By Michael Lesage Frequently, I am contacted by potential clients who are seeking to hire me to represent them in small claims matters. While I am of course happy to represent them throughout, in most cases, I tell them it makes financial sense to consult with me for only a few hours, and to handle most of the claim themselves. Read more

Head-to-toe summer safety for kids and parents

By Alison Burrison Enjoying lots of healthy outdoor activities and sports is one of my favourite things about summer – but it’s important not to forget about safety in your enthusiasm to get going. Read more

Why you may need critical illness coverage

By Nainesh Kotak Many working Canadians are familiar with long-term disability insurance, the purpose of which is to provide income replacement when someone becomes ill or injured and is unable to work for a prolonged period. Read more

Unenforceable termination clause costs employer over $400,000

By Doug MacLeod By Doug MacLeod . A recent case underscores the importance of including a properly drafted termination clause in your organization’s employment contract. Read more