Opinion

Aretha Franklin had handwritten wills

By Charles Ticker. Aretha Franklin died on August 16, 2018, after battling pancreatic cancer for several years. At the time of her death, she was believed to have died without a will. It seemed that Ms. Franklin left a multi-million dollar estate without even a basic estate plan. Soon after Ms. Franklin’s death, a dispute developed between her estate and one of her ex-husbands. I wrote a blog entry on this story, which is found here. Read more

Court awards $50,000 to doctor due to defamatory postings

By Lonny Rosen and Elyse Sunshine . Many health professionals have concerns about postings made about them on rating websites. A recent case heard in Kingston, Ont. dealt with defamatory comments written about a doctor on a popular website. Read more

Totally disabled employees entitled to LTD benefits, termination pay

By Doug MacLeod . If you are totally disabled and collecting disability benefits from an LTD insurer, did you know that your employer may also owe you up to 34 weeks termination and severance pay? How can this be you may ask? Read more

Why do I need a lawyer to settle my divorce?

By Steven Benmor . No one plans for divorce. It’s an event that is unanticipated, unforeseen and, most certainly, unaffordable. Moreover, legal fees are very expensive. Read More at Benmor Family Law Group Blog Read more

Frustration of contract may be claimed by employees

By Laura Williams . When an employee is on a long-term or indefinite medical leave of absence, many employers find themselves wondering what to do. It can be challenging for employers to understand when they can end the employment relationship of an employee on a medical leave without violating the Human Rights Code . Read more

Five years doing zilch gets lawsuit booted for delay

By Barry B. Fisher . In this case , the master dealt with a wrongful dismissal action where the employee was fired in 2011. The lawsuit was started in 2013, two days before the expiry of the limitation period. The pleadings were completed within one year and then nothing happened until 2018 when the registrar dismissed the case for delay. Read more

Limitation periods: Achkar

By Christopher Achkar . The merits of your case are important, but respecting limitation periods is paramount. If you file your claim too late – it may be thrown out. Read more

What do I do now? I didn’t know I was an executor!

By Lisa Laredo . Rule number one when writing your will: always ask your chosen executor before appointing them if they’re willing to take on the task. If you don’t, that person may get a surprise phone call informing them of such after your death. Read more

Grocery store self-checkout: where will it lead?

By Ian Hull. The move to retail automation amazes me – its impact is so unpredictable. The most recent kerfuffle relates to claims by one retailer's cashiers that they’ve been made to pressure customers into using self-checkout stations rather than traditional cashiers. Cashiers claim (probably correctly) that stores are encouraging self-checkout to reduce the number of cashiers needed in store. You can read about it here. Read more

Reasonable for psychiatrist to decline patient’s request

By Elyse Sunshine and Lonny Rosen . A patient complained about the conduct of a psychiatrist, stating that the psychiatrist wrote false information in the patient’s medical records, but would not amend it. The patient also complained that the psychiatrist breached her confidentiality by providing these records to her family doctor. Read more

Variation of a lifetime spousal support agreement

By Andrew Feldstein . The parties separated after being married for 17 years and entered into a settlement that was incorporated into a court order under the Divorce Act . The divorce judgment required the husband to pay spousal support in the amount of $4,000 per month "until the wife dies." The husband was a dentist earning an income between $250,000 and $300,000 at the time of the settlement. Read more

Seasons change and so do employment laws

By Stuart Rudner . Employers will be forgiven if they are tired of hearing about “changes to employment laws.” As Rudner Law discussed in our 2018 Year in Review , we have seen significant changes in several jurisdictions in recent times. Read more

What is a ‘bad faith’ request for access to health records?

By Kate Dewhirst . In a new health privacy decision of the Information and Privacy Commissioner of Ontario, we find out what needs to be proven to show a patient is making a request for access to health records in “bad faith.” Read more

Reasons a disability claim may be denied and what can be done

By Nainesh Kotak . This a list of five reasons that a disability claim may be denied. Has your disability claim been denied? See if any of these reasons fit your situation. Reason #1: Your disability insurance company says that you have a pre-existing condition. Read more

We can’t cut our smartphone habit — but we can cut the cost

By Suzana Popovic-Montag . Talk to someone who lives in Europe or travels there for extended periods. Ask them what they pay for their phone plan. You’ll be shocked and disheartened. The costs are a fraction of what they are in Canada. Read more

The termination letter: Lecker

By Bram Lecker and Jordan Reiner . If you have just lost your job , do not sign the termination letter or release until an employment lawyer has vetted the documents properly for you. Any experienced lawyer will offer this solid advice because these documents are legally binding. Read more

What to do if you think you’ve been defrauded

By Dave Oswald . Each year thousands of Canadians lose millions of dollars to fraudulent scams. Nobody is immune; it can happen to young people, teenagers, and corporate executives. Did you know that only five per cent of fraud is reported to the authorities each year? Read more

Dentists have discretion to implement cancellation, late arrival policies

By Lonny Rosen and Elyse Sunshine . A patient complained about the conduct of his dentist, stating that the dentist’s cancellation policy and possible refusal to provide treatment violated the patient’s human rights. The patient also stated that the dentist’s receptionist was abusive and uncooperative. Read more

A funny thing happened to me on the way to the Ukraine

By Marcel Strigberger . Congratulations to Volodymyr Zelensky, the new president of the Ukraine. Volod Z is actually a comedian who won a landslide victory over the incumbent. He starred in a television series called “Servant of the People,” where he played a destitute school teacher who unexpectedly becomes president of the Ukraine. It seems that reality has now mirrored fiction. Read more

Critical law society documents

By Erica Birstler . Getting audited is inevitable and when the time comes you want to be prepared with all of the documents and reports the law society will want to see. While you may know about some of them, you’ll need every single one to pass a spot audit. Read more