Opinion

Trust accounting safeguards: CosmoLex

By Erica Birstler . Trust accounting is a critical function for law firms, as funds that are not yet earned or disbursed must be handled in compliance with state and federal requirements. Because of this, managing the trust account can seem intimidating. Read more

What the heck is a bencher?

By Jasmine Daya . During my first few years practicing law, I heard about “benchers” and had no idea who they were. I learned a little by the ads in the OR’s (social media didn’t exist back then, yes, I know, shocker!) and figured that they were individuals who had something to do with the Law Society of Upper Canada, now known as the Law Society of Ontario. Read more

Imparting wisdom, without sounding like a jerk

By Inga Andriessen . The Law Society of Ontario’s bencher elections are in full swing. There are many candidates, some running for specific causes and some running because they want the Law Society to have benchers whose average year of call is not 27 years. Read more

Legit screen time at Neesons

By Kim Neeson . Over the last several years, there's been lots of talk of electronic discovery and trials. As more judges and litigators go paperless, don't be left behind! This blog will explore just how easy it is to get started. Read more

When the tax man calls – estates, family disputes, debts

By Matthias Duensing for AdvocateDaily.com . The Ontario Superior Court of Justice recently ruled on a case involving parental estates and disputing brothers. Read more

It’s spring cleaning time! Add ‘write my will’ to your list

By Lisa Laredo . For most of us, spring cleaning means a chance to declutter, downsize and simplify. It’s about new beginnings and fresh starts and there’s definitely a certain feeling of satisfaction that comes with checking off each item on the to-do list. Read more

Frustration of employment contract can be plead by employee, employer

By Barry B. Fisher . In this case , the judge had a case where the plaintiff had been off on disability for eight years and had no hope of returning to work. This judgment confirmed that the doctrine of frustration is a matter of law, thus either party can claim that the employment contract has been frustrated. Read more

You can stand on the other side of humanity and be right

By Ryan Handlarski . For virtually my entire life, I have been in the minority when it comes to thinking. I can remember examples of this throughout my life from the time I was nine years old and liked the song Fight the Power by Public Enemy while most of my classmates liked New Kids on the Block (and thought I was the crazy one!). Read more

Batch billing: CosmoLex

By Erica Birstler . Billing is an activity that often takes up the most unbillable administrative time, but it’s an important function because it’s how the firm gets paid. Since billing isn’t going away any time soon, the next best thing is to automate the process as much as possible. Read more

Will challenges occur frequently in Britain

By Charles Ticker . A recent online article outlines some of the reasons why will challenges occur frequently in Britain. According to this story, a recent poll revealed that almost half of the population of the U.K. does not trust their family to manage their affairs for them. Read more

Stop the clock: mediation and limitation periods

By Stuart Rudner . This case is another reminder of the many benefits of mediation . As I have written in the past (see this post, among others,) mediation can save both parties time, money, and stress; but there is one bonus of mediation that may not be top of mind. Read more

When sole custody is more appropriate than joint custody

By Lisa Gelman . The court recently considered when it might be appropriate to grant sole custody to one party over the other. The parties were married for three years before they separated in 2010. They had two children, born in 2008 and 2010. Read more

Just cause is a high threshold: Williams

By Laura Williams . A recent decision of the Ontario Court of Appeal provides an example of the level of employee misconduct that warrants an employer dismissing an employee for just cause, without notice or pay in lieu. Read more

Lawyer friends — it’s time to get out of your comfort zone

By Kate Dewhirst . I went to the Funnel Hacking Live event in Nashville, TN recently. It’s a marketing event sponsored by Click Funnels. I follow co-founder Russell Brunson on social media and loved his books Dot Com Secrets and Expert Secrets . So on a whim, I went to the live event. Read more

Employment contracts: they should keep giving and giving

By Doug MacLeod . I trumpet the benefits of employment contracts every chance I get. I often write and speak about these benefits. In the last two weeks, I received calls from two clients who benefitted from an employment contract that I wrote several years ago. Read more

Representing fathers in family law

By Deepa Tailor and Alex Walsh . What legal rights do fathers in Ontario have with regard to their child? There do not exist any actual “rights to a child” for mothers or fathers. The job of a judge or collaborative law team is to determine the issues of custody, access, and support based on the best interests of the child. Read more

Are we in China yet?

By Marcel Strigberger . In a couple of days, I leave for Hong Kong where we shall be boarding a cruise ship that will take us to a number of ports, ending up in Shanghai. I have never been to China and right now my mind is abuzz with thoughts about that exotic country. Read more

OCA solidifies the high threshold for the tort of IIMS

By Mackenzie Irwin . As my colleague reported earlier last week, the Ontario Court of Appeal (OCA) recently shut down the tort of harassment in this case . The Ontario Court of Appeal based their decision to eliminate the tort of harassment largely on the availability of other remedies to address the alleged harassing conduct. Read more

Cyberbullying ‘Momo Challenge’ a threat to parents — hoax or not

By Jasmine Daya . Spreading disinformation, hoaxes, and flat-out lies has proven to be the Achilles’ heel of the internet. It seems anyone can post anything to the internet. It’s “catch me if you can.” Once “out there” and “gone viral,” it cannot be time-stamped, recalled, or labelled for what it really is—a cyberbullying hoax. Read more