Opinion

Legal malpractice in real estate transactions – not a simple matter

By Michael Lesage . Recently, in this case , the court addressed the issue of solicitor’s negligence (legal malpractice) arising out of a real estate transaction. In that case, issues arose after the initial owner sought to divide his Mississauga property into two lots, subsequently severing and selling the lot to the purchaser in 2005. Read more

HPARB finds decision to caution unreasonable

By Elyse Sunshine and Lonny Rosen . The Health Professions Appeal and Review Board (the Board) returned a matter to the Inquiries, Complaints and Reports Committee (the Committee) of the College of Physicians and Surgeons of Ontario (the College) for reconsideration. Read more

Do you lie to your doctor?

By Ian Hull . Your annual physical is approaching, and you’re still averaging three to four alcoholic drinks per night – despite the fact that you told your doctor last year that you were going to cut back. Read more

Fertilizer for your brain: how to grow your resilience

By Suzana Popovic-Montag . Let me give you the bad news first: some people are naturally more resilient than others – and life can be tough if your resilience falls in the low end of the range. Read more

What Sidney Crosby’s 2016 Stanley Cup can teach lawyers

By Ryan Handlarski . In 2015, Sidney Crosby was going through the worst slump of his career. He had 15 points in 23 games and instead of being in his usual top five spot among the NHL scoring leaders, was ranked somewhere in the hundreds. Sports writers started to write him off as going through an inevitable decline that happens with age and following injuries. Other sports reporters were saying that the Penguins should trade him while he still had some value. Advanced stats sports reporters (I love advanced stats) were showing charts that demonstrated that his decline could actually be explained by a steady decline that had started years earlier and the decline was simply proceeding as expected. Then the calendar year changed. In 2016, Crosby broke out of his slump and went on a tear. He finished the year third in NHL scoring and then won the Stanley Cup and Conn Smythe trophy as the most valuable player in the NHL playoffs. Two months later, he won MVP of the World Cup of Hockey while leading Canada to a gold medal. How could the people who had written him off have been so wrong? And what does this have to do with lawyers? Read more

Was your short-term disability claim denied after a paper review?

By Nainesh Kotak . Does this sound familiar? You stop working due to a physical disability or due to stress, depression or anxiety. Read more

Jurisdiction in child custody matters

By Andrew Feldstein . In this case , the parties met in Canada in 2011, married in Japan in 2012, and had one child together in 2014. The father returned to Canada, and the mother visited with the child. The mother found out that the father had taken all of her credit cards, cash and their child’s passport. The father’s behaviour became hostile and threatening, resulting in the mother calling the police and moving into a shelter. Read more

Refusal to accept recall after illegal layoff failure to mitigate

By Barry B. Fisher . In this case , the judge assessed the notice period for a 50-year-old health and training specialist with 23.5 years service at 18 months. Read more

When the court will stay an order pending appeal

By Lisa Gelman . An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal. Read more

Five contracts you need to protect your business

By Anton Katz . If you want to set your small business up for success, you need to do more than just be an expert in your field. Read more

Wrongful dismissal: recent case law increases legal uncertainty

By Doug MacLeod . Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific termination is riddled with legal uncertainty. Read more

The non-compete clause and employee poaching

By Bram Lecker and Kimberley Sebag . Employers commonly include a non-compete clause in their offers of employment. Legally, the non-compete clause is referred to as a “restrictive covenant.” It attempts to restrict your trade by limiting your ability to work for a competitor or start a competitive business. Read more

Want to be creative with your will? Get a lawyer

By Suzana Popovic-Montag. If you’re a regular reader of obituaries, you’ve undoubtedly seen some creative writing touches in remembering a departed family member. While traditional obituaries are still the norm, humour seems to be creeping into more of these tributes – especially those written by the deceased person in advance and published upon their death. You’ll find some great examples here. Read more

Ontario Divisional Court offers another take on termination clauses

By Laura Williams . A series of Ontario decisions in 2017 and 2018 demonstrated that termination clauses are tricky business! Many employers include termination clauses in employment agreements, which set out the entitlements of employees upon the termination of their employment. Read more

Disbursement funding options

By Katie Armstrong . A client’s ability to fund disbursements is always a key consideration when preparing a legal budget. Historically, litigation funders would typically only consider cases of a certain size that met a significant cost to damages threshold. As a consequence, it was difficult to obtain disbursement funding at a proportionate cost due to the profile of the funders operating in this niche space. The funding market has, however, developed significantly, with new products and markets now specifically geared toward the more modest value claims and the funding of clients’ disbursements. Read more

Can your employer ask for passwords to your social media accounts?

By Amelia Phillips . The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal privacy law for private-sector organizations. The Act sets out the ground rules for how companies must handle personal information in the course of their business operations, including human resources. Read more

Catastrophic injury impairment

By David Hollingsworth . Automobile insurance is constantly changing. It seems that the government continues to strip away at some of the most vital services required for injured people, especially those who are severely injured and need it most, those with a catastrophic injury. Read more

‘Advances’ on settlement funds and the personal injury lawyer

By Amanda Bafaro for AdvocateDaily.com . Should personal injury lawyers lend money to their clients? If you don’t lend your clients money, is it ok to have family or friends lend them money? It’s inevitable that you’ll be asked, and a responsible personal injury lawyer needs to be prepared for the client in need. You should have a plan, and hopefully; one that doesn’t result in regulatory review or judicial intervention. Read more

Five common will drafting mistakes

By Lisa Laredo . Write your will right and it will do exactly what you want and need it to do when you die. Your will is your roadmap to your loved ones and a properly written will ensures that your death doesn’t create a legal or administrative burden on your family. Read more

What I’m looking for in a bencher

By Inga Andriessen . If you’re not an Ontario lawyer, then this blog is not for you. This is about our upcoming bencher election for the Law Society of Ontario (LSO). Benchers are elected representatives of Ontario lawyers and regulate the conduct of lawyers in Ontario. Read more