Opinion

Car accident injury lawsuit, disability claim dispute tried together

By Nainesh Kotak . It’s not uncommon for persons injured in a car accident to file multiple claims for compensation, depending on the circumstances of the accident and their injuries. Read more

Claims involving minors

By Jasmine Daya . One of the most difficult areas within personal injury involves claims involving minors. Injuries arising from daycare or school negligence, playground incidents due to faulty equipment or lack of supervision or any other injuries sustained by children due to the negligence of others are all cases that I want to handle most. It’s not that I have a desire to take on the most challenging cases but these are the cases that make me feel amazing about what I do. I want to advocate for young children and help make their voice heard. Read more

Five things that will disappear in our lifetime

By Suzana Popovic-Montag . It never stops. Another year on the calendar turns, and we receive another jolting reminder of the years passing. It’s not just loved ones that we lose over time – our way of life is also constantly under threat. Read more

Homemade separation agreement ends up costing time and money

By Lisa Gelman . Hiring an experienced family lawyer is a critical step when going through a separation or divorce . It may be tempting to attempt to cut costs by going through the process alone, but as one Ontario couple recently learned , doing things without legal representation can result in an expensive and time-consuming experience. Read more

Filing a claim with the labour board

By Bram Lecker and Kimberley Sebag . In Ontario, the Employment Standards Act, 2000 (ESA) governs the rules organizations must follow when they engage employees and service providers. The ESA also stipulates clear minimum standards for employee terminations. If your employer ended your employment and you believe your termination package is inadequate, you have two avenues to seek resolution. One of them involves filing a claim with the Ministry of Labour , commonly referred to as the Labour Board. And the other process requires the services of an employment lawyer. You can file a Labour Board claim online and the process is free. However, before proceeding down this route, you must clearly understand the limitations associated with this choice. Read more

Temporary layoff update: can an employee refuse a recall?

By Doug MacLeod . Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid-off employee termination pay. Read more

Estate of Aretha Franklin facing various difficulties

By Charles Ticker . Aretha Franklin passed away from pancreatic cancer on August 16, 2018, at the age of 76. Immediately after her death, it became apparent that she died without a will and an estate plan. This meant that the administration of her multi-million dollar estate would likely become challenging if various heirs and people with interests came forward. Read more

Motion to change: when a child becomes older

By Andrew Feldstein . In this case , the father attempted to have a court order concerning parenting time varied on the basis that the child was all grown up. Read more

Termination clauses: Achkar

By Christopher Achkar . In Ontario, the enforceability of a contract vis-à-vis a termination clause can be a great benefit or an unfortunate detriment for either employers or employees. Read more

$300,000 awarded for aggravated and punitive damages

By Barry B. Fisher . In this case , the judge awarded a chief building official (CBO) $200K in punitive damages and $100K for aggravated damages. Read more

Thinking about suing your business partner?

By Anton Katz . Small business owners have to juggle many competing demands in order to succeed. If you are a Toronto small business owner considering litigation against your business partner, you may wish to follow the five tips below before proceeding. Read more

SNC-Lavalin, Meng cases take unnecessary course — off the tracks

By Dr. Gary Botting for AdvocateDaily.com . The SNC-Lavalin controversy arose from a simple but fundamental misunderstanding on the part of Jody Wilson-Raybould as to the role of the attorney general/minister of justice (AG/MOJ) in the interface between the cabinet of which she was a part, and the bureaucracy of the government department for which she held the portfolio. Read more

Your date of separation and why it matters

By Robina Khan . The term “date of separation” is so often used in family law that legal professionals sometimes forget the weight that it carries outside of the legal process. For many, the date of separation is an unforgettable and emotionally driven date in their timeline. As painful as this date can be, it also marks a period of transition into what will hopefully be made up of healing and moving forward. Read more

Sailor kisses nurse: statue with limitations

By Marcel Strigberger . I was in Sarasota, Florida the other day. At the harbour, there is a giant statue version of that iconic photograph scene whereby a U.S. Navy sailor embraces and kisses a nurse in Manhattan the day World War 2 ended in August 1945. The sailor was identified as a George Mendonsa, who actually died last week at age 95. Read more

Father’s credibility questioned after review of Instagram account

By Lisa Gelman . While social media can be an amazing tool – allowing us to communicate and share our lives with people around the world, it also brings with it an inherent lack of privacy. Even “private” accounts may be made public, and deleted photos or posts are not necessarily gone forever. Read more

Can patients trust you in the age of electronic privacy scandals?

By Kate Dewhirst . In the last few years, the public has heard a lot of scary things about electronic privacy scandals. Read more

In which court will you file for divorce?

By Steven Benmor . In Canada, in order to obtain a divorce, spouses must apply to the court and have a judge grant a divorce order. Generally, this can only occur in the community in which the parents live. So if you live in Toronto, the divorce court is located at 393 University Ave. Similarly, there are divorce courts in Brampton, Oshawa and Newmarket. So if you work in Toronto, but your home is in one of those communities, then you would need to apply to that court for a divorce. Read more

Are your children being cyberbullied?

By Jasmine Daya . Childhood bullying is not a new phenomenon but cyberbullying, which is far worse, is relatively new. Bullying means aggressive and typically repeated behaviour. Read more

Circumstances of hiring can lead to long reasonable notice periods

By Laura Williams . Employment relationships, like most relationships, typically start off with the best of intentions in both parties’ minds. Unfortunately, the expectations of one or both parties are not always met and on occasion, the employment relationship must be cut short earlier than both parties intended. Usually, this will not result in major costs for an employer but a recent case from British Columbia highlights how short-lived employment relationships can sometimes result in major awards for dismissed employees. Read more

The cost of expert reports in personal injury litigation

By Amanda Bafaro . When I left law school, I was ill-prepared for what it meant to be a lawyer. I knew I wanted to litigate and was keen to make my mark. At the same time, however, I knew nothing about the actual practice of law, or more importantly the business of law. Read more