Opinion

Valuing employee pensions in wrongful dismissal cases

By Doug MacLeod . A long service, older worker is terminated. Under the terms of the individual’s pension plan, the employer is not permitted to continue his participation in the pension plan. So the question arises: when calculating wrongful dismissal damages, how do you calculate damages for pension benefits? Read more

Holiday RIDE program facts every Ontario driver needs to know

By Céline Dostaler . With the holiday season underway, so too are the holiday RIDE program checkpoints. Each year, law enforcement agencies across Ottawa and throughout Ontario set up checkpoints in an effort to curtail impaired driving from both alcohol and drugs. Read more

Cross-examination by video conferencing: still the exception

By Amelia Phillips . Under what circumstances can a witness be compelled to attend cross-examination outside of the jurisdiction in which he/she lives versus, say, by video conferencing? While the law is evolving, examination by video conferencing is still the clear exception to the rule and for some good reasons. Read more

Your first Christmas after divorce: here’s how you can manage it

By Steven Benmor . The Christmas holidays are usually filled with family gatherings, family meals, family memories, family traditions and family travel. In essence, the holidays are all about family. Read more

Access to justice – watering down lawyer relationship not the answer

By Inga Andriessen . Warning – rant ahead. Worse, it’s a rant that only lawyers probably care about. Read on at your own peril. Read more

Resealing of foreign orders appointing guardians

By David M. Smith and Yasmin M. Vinograd . In some cases, an incapable person residing outside of Canada has assets in Canada. Can a guardian appointed outside of Canada have access to the incapable’s Canadian assets? By extension, would a guardianship order made outside of Canada be recognized in Ontario? Read more

Happy Holi-daze – an update on social host liability

By Mackenzie Irwin . As we head into the holiday season, many employers will be hosting holiday parties for their employees. With the recent legalization of cannabis and a new decision out of the Ontario Court of Appeal, an update on social host liability is in order. Read more

What should a dentist do if an instrument breaks during treatment?

By Lonny Rosen and Elyse Sunshine . In a recent decision , the Health Professions Appeal and Review Board (the Board) affirmed the obligations of a dentist when a surgical instrument broke during treatment. Read more

No end of pressures for the court reporter

By Kim Neeson . From scheduling to reporting to transcribing, there are many high-pressure demands placed on court reporters in their job. In over 30 years of reporting, here’s what’s changed. Read more

Child access in same-sex relationships

By Andrew Feldstein . Notions of the “traditional” family unit have evolved over time. Accordingly, the judicial system needs to adapt to be better equipped to adjudicate new issues that arise. In this case , the age, biological connection, and involvement of the party in the child’s life were the determining factors. Read more

Like it or not: forcing the sale of the matrimonial home

By Lisa Gelman . The court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale. Read more

Legal tech part two: five legal tech plays

By Alan Bass and Michael Sauber . In our post, " Legal tech shows no signs of slowing ," we examined the drivers behind the use of technology in legal practice. In this post, we make the case for legal tech adoption and provide examples of initiatives already in play. Read more

What law students, legal entrepreneurs can learn from Ferris Bueller

By Ryan Handlarski . “Life moves pretty fast,” says a young Matthew Broderick to the camera breaking the fourth wall with the audience in the classic 80s movie Ferris Bueller’s Day Off. “If you don’t stop and look around once in a while, you could miss it.” Read more

Why do lawyers have to do a title search?

By Daniel Bernstein . You can’t close a deal without your lawyer doing a title search. How else will your lawyer know whether the property you want to buy still has an old mortgage on it that was never removed? What about a lien registered by the city for unpaid taxes or by the condominium corporation for unpaid monthly maintenance fees? Read more

Cannabis, youth and driving in Ontario: law and consequences

By Alison Burrison . Now that cannabis is legal in Canada, young drivers need to know the law and consequences of driving with THC in their system. You can also watch my interview with WhatSheSaid at the bottom of this post for more info. Read more

E-signatures legally equivalent to handwritten ones

By Peter Dillon for AdvocateDaily.com . As technology becomes more entrenched in the legal world, there’s been a shift in Ontario towards using electronic signatures (e-signatures). Read more

Considering an offer to settle?

By Anton Katz . There are many factors to consider when making or responding to an offer to settle an ongoing lawsuit. This blog post will discuss the purposes and effects of making, accepting, or rejecting an offer to settle, in general. For information and advice regarding the specific terms that are included in any actual offer to settle please seek legal advice. Read more

PTSD and the availability of aggravated damages

By John McLeish and Nicole Fielding. Last week, Canadians recognized Veterans Week, reflecting on the service and sacrifices of members of our Armed Forces. Read more

Update on the law of social host liability

By Patrick Brown and William Harding. This case remains the leading authority on social host liability. In the decision, it was found that social hosts do not owe a duty of care to people that are injured by the actions of individuals that became intoxicated while attending the social host’s party. In that decision, former Chief Justice McLachlin stated: Read more

The great estate – five ways to make it happen

By Suzana Popovic-Montag . As estate litigators, we’ve seen a lot of bad estates and bad estate situations. The good news is because we know the bad, we can advise clients on how to avoid it and make their estate a great one. No uncertainty, no delays, no conflicts, no nasty tax surprises. Read more