Opinion

What is implied consent?

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

Court asked to determine if a divorce overseas is valid

By Lisa Gelman . Canada recognizes marriages and divorces performed in other parts of the world. However, determining whether a couple has been properly married, or in the case we are about to discuss, properly divorced, is not always an easy task. In a recent case before the Ontario Superior Court of Justice, the court was tasked with determining whether a couple had gotten divorced according to tradition in Pakistan. Read more

Fraud against seniors – can it happen in your family?

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?

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

New employer-friendly legislation on the horizon

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

What are the duties of an executor?

By Lisa Laredo . Being appointed executor of an estate is a big job. Read more

Six tips to overcome the legal bully in your divorce

By Angela Princewill . Legal bullies come in a variety of forms. The most popular ones take advantage of the legal system, try to control/intimidate you by using the system against you, exhausting your legal funds, use your children against you, contradict everything (even when it’s not important!), make you feel like you are not entitled to certain relief or just intimidate you from doing anything bold. Read more

Balancing the risks and benefits: spectator sporting injuries

By Dale Orlando and Taraneh Etemadi . The start of a new year is an exciting time for sports fans as the national sports teams up the ante with the NFL playoffs beginning and the NBA and NHL entering the second half of their respective seasons. Dedicated fans all around the world, and especially in the city of Toronto, thoroughly enjoy watching live sports and being a part of the action. However, there are risks that spectators should be aware of to avoid any injuries while attending these games. Purchasing tickets to sporting events can be pricey; especially when your seats are closer to the action, the paradox is that the price of the ticket comes with an assumed risk of possible injury. Read more

Keep your children safe on the slopes

By Salvatore Shaw and Courtney Stewart . One of the best things about Canadian winters is all the winter activities we can enjoy once the snow starts falling – especially skiing and snowboarding. Read more

The Ontario Human Rights Code – a primer

By Christopher Achkar . The Ontario Human Rights Code (the Code ) is intricate legislation which, after being passed in 1962, has protected provincially-regulated employees from bullying, harassment, other employment law issues connected to discrimination and violations of the Code. Read more

Health law collisions: immigration law

By Kate Dewhirst . Health law is a discipline that focuses on the legal issues in health care, on representing the interests of recipients of health services or health care providers or the health sector and its businesses and goods and service providers, or government and its policymakers. Read more

Jury duty and leave of absence

By Stuart Rudner . Like it or not, as a Canadian citizen, you are expected to serve jury duty when summoned by your jurisdiction’s courthouse. And as an employer, some of your staff may be absent for that reason. While this is your civic duty , there still exists some air of uncertainty about the subject matter when it comes to work leave for jury duty. Paid vs. unpaid leave, permitted vs. unpermitted leave – these are the most common questions that Canadian citizens face in their workplace when summoned for jury duty. Read more

Ride sharing and sexual assaults: protections for women in Ontario

By Alison Burrison . In today’s society, rideshare companies offer an affordable and easy way to get to your destination; but who really is the person behind the wheel driving you or your teenager around? That is a thought that is often overlooked due to the convenience of ordering a driver at a discounted rate at the touch of your phone. Read more

Was your disability claim denied because you applied too late?

By Nainesh Kotak . Most short-term disability and long-term disability insurance policies will contain clauses that set our when your claim for disability benefits must be submitted. Sometimes disability claims are denied by insurers on the basis that the application was filed too late. Read more

What is ‘discovery’ and how do I prepare for it? (Part I)

By Anton Katz . Discovery is the process whereby all of the parties exchange relevant information and evidence relating to a civil lawsuit in preparation for trial. Read more

Two habitual residences: determining jurisdiction

By Andrew Feldstein . A child custody case involving two habitual residences across borders recently caught the attention of family lawyers far and wide. The mother in the case was a Canadian citizen who resides in Toronto, with no status in the United States other than that of a visitor. The father was an American citizen who resides in Buffalo, New York. The parties were engaged in a long distance relationship. Read More at Feldstein Family Law Group Blog Read more

The duty of an insurance broker to offer additional coverage

By John McLeish and Courtney Stewart . Benefits available to injured Ontario drivers have been dramatically decreased in the past decade. Many Ontario drivers do not know that they can protect themselves and their families by purchasing additional coverage at very little cost. Read more

HPARB decision holds valuable lessons for dentists

By Elyse Sunshine and Lonny Rosen . A recent decision of the Health Professions Appeal and Review Board (the Board) confirming a decision by the Inquiries, Complaints and Reports Committee (the Committee) of the Royal College of Dental Surgeons of Ontario (the College) provides valuable lessons for all dentists. Read more

Do you have gems or junk in your house?

By Ian Hull . How much are your non-financial assets worth? If you’re planning your estate, it’s an important consideration, especially if you plan to make specific bequests. Read more

Occupational injuries and long-term disability

By David Hollingsworth . Many employers provide group benefits packages to their employees, including long-term disability (LTD) benefits. In addition, some employers also have an additional LTD policy to cover workplace injuries and illnesses caused at/by the workplace, called an occupational long-term disability policy. Read more