Opinion

Agreeing to an undertaking was not enough to avoid a caution

By Lonny Rosen and Elyse Sunshine . A patient of a family physician had concerns about the medical care he received, specifically, that his doctor: prescribed inappropriate amounts or combinations of narcotic medications and failed to provide adequate monitoring for signs of drug side-effects or narcotic addiction. Read more

Bad faith in the course of dismissal

By Stuart Rudner and Anique Dublin . Generally speaking, an employee whose employment has been terminated is not entitled to additional damages for disappointment, embarrassment, or other psychological effects flowing from the loss of employment. Read more

Defence seeks costs from ‘you don't win you don't pay’ lenders

By Stephen Pauwels and Amanda Bafaro . Each day seems to bring new challenges for the personal injury lawyer. If not legislative intervention, its defence counsel looking for new ways to advance the interests of their insurer clients at the expense of virtually everyone else. Read more

Better business practices for Canadian lawyers

By Erica Birstler . This month, CosmoLex is focusing on overall “better business practices” for lawyers and small law firms. When you’re in charge of a law practice, it can be easy to focus on the clients and your cases, while forgetting that you also have a business to run. There can seem like a lot to manage, so we’re to help with ways you can make the management process easier and enhance your practice at the same time. Read more

The five top financial mistakes people make in a divorce

By Steven Benmor . Let’s face it, there are a few events that occur in life that can cause financial devastation. The death of a spouse, personal bankruptcy, major illness and, of course, divorce. But divorce does not need to create a financial hardship. In fact, it could actually result in a healthier financial position if it is handled properly. Some spouses find that divorce creates a clean financial separation and eliminates huge cash drains, especially for the higher income earner. Read more

Is there a duty to account when requested by a beneficiary?

By Ian Hull. In this recent decision , the Ontario Superior Court of Justice confirmed that an attorney for property and/or estate trustee has a duty to pass accounts in accordance with the Rules of Civil Procedure. Read more

Ontario court weighs in on termination clauses again

By Laura Williams . Since 2017, Ontario courts, including the Court of Appeal, have had a great deal to say about the enforceability of termination clauses in employment agreements. However, the majority of these cases have focused on what constitutes a valid “without cause” termination clause and have not considered what makes a “for cause” termination clause enforceable. Read more

What to expect in an Ontario business lawsuit

By Anton Katz . If you are a small business owner and you’ve decided to sue – or are being sued – you’re probably anxious about what lies ahead. As a small business lawyer in Toronto – one that specializes in corporate law and commercial litigation – I often prepare my clients for what to expect. Read more

Alexa – take a hike

By Suzana Popovic-Montag . Amazon Echo and Google Home – here’s my prediction about these smart speakers. In 25 years, we’ll look at film clips or ads that featured the “cool things” that these devices did – and we’ll laugh. We’ll laugh the same way we laugh today about news clips from the 1990s that described the wonder of the new “internet.” Read more

Be very careful when speaking with the media about patients

By Kate Dewhirst. We know this intuitively – but it bears repeating. Health care organizations should be very careful when speaking with the media about specific patient cases. There is a new Information and Privacy Commissioner of Ontario (IPC) health privacy decision directly on this topic. Decision 82. Read more

Are managers entitled to overtime pay?

By Doug MacLeod . Many employees and employers believe that overtime pay is included in a person’s salary. This is incorrect for the vast majority of salaried employees. If you are paid a salary and sometimes work over 44 hours in a week, then you may be entitled to overtime for all hours worked over 44 in those weeks at time and a half for each additional hour worked. Read more

Champerty, maintenance and litigation lending

By Amanda Bafaro . Concerns over litigation lending have long be rooted in fears of champerty and maintenance; maintenance of an action in exchange for a promise to share in the proceeds of an action being champerty. Read more

Summary judgment for parenting time

By Andrew Feldstein . The parties were married for ten years and have four children. In 2013, a final consent order determined that the parents would have joint custody and that the children would reside primarily with their mother. Their father would have parenting time on alternating weekends. The mother sought to increase child support, and, in response, the father requested that the parenting schedule be altered to reflect a more balanced schedule. Read more

Know your rights: Neuberger

By Joseph Neuberger . Being arrested, detained or charged with a crime can leave you feeling scared and vulnerable. It’s important to remember that in a situation like this, you still have rights. Read more

Blended families complicate estate planning

By Lisa Laredo . You already know that dying without a will is the safest way to ensure that you have absolutely no options whatsoever as to how your estate is to be divided. (And if you really didn’t know that, then read about what happens when you die without a will before reading on.) Read more

Professionalism matters: Andriessen

By Inga Andriessen . The word professional is battered about a lot these days. When I first went to law school, it was said that the difference between a profession and an occupation is that professionals have to put their clients, students and patients before themselves. That makes a lot of sense, though in this day and age it seems it is happening a lot less. Read more

New harassment damages — be mindful of potential liability

By Laura Williams . Recently, Ontario courts have been faced with an increase of claims for harassment damages by employees claiming they have been mistreated by their employers. Previously, the courts had not definitively recognized harassment as a standalone tort, or wrongful act giving rise to liability. Instead, employees would receive damages related to workplace harassment only indirectly, such as by claiming punitive or aggravated damages. Read more

Can your Toronto small business avoid litigation?

By Anton Katz . As a small business owner, you’re probably no stranger to setting goals for your business and mapping out a plan to achieve those goals. But there’s one thing you don’t have to plan on that will almost certainly happen on its own. Read more

Health privacy update: complainant does not get two kicks at the can

By Kate Dewhirst . In decision 80 of the Information and Privacy Commissioner of Ontario, the wife of a deceased patient was concerned that a hospital doctor wrongly shared her husband’s health information by speaking to a third party about the care he received and that the hospital failed to meet its privacy obligations. These concerns were raised with the IPC as well as the College of Physicians and Surgeons of Ontario (CPSO) (which decision of the Inquiries, Complaints and Reports Committee decision was further appealed to the Health Professions Appeal and Review Board (HPARB)). Read more

How to recover interest on lawsuit loans

By Amanda Bafaro . In the words of Kenny Rogers, know when to hold 'em and when to fold 'em. Not every case will be suitable to argue every issue. Knowing your case and picking your facts is essential for the win. Read more