Opinion

Does Christmas cause divorce?

By Steven Benmor . Statistics on divorce regularly reveal a spike in the number of people separating in the month of January, right after the Christmas break. Read more

When your ex schedules the kids’ activities on your parenting time

By Steven Benmor . During marriage, there is no divided parenting time. The children’s lives are a subset of the family life. Meal times, school, weekends and holidays are all part and parcel of the family’s life together. This fundamentally changes when there is a divorce. Read more

Medical marijuana and workplace intoxication

By Bram Lecker and Jordan Reiner . Marijuana is now legal in Canada. As planned, Bill C-45 (The Cannabis Act ) became law on October 17, 2018. And with it, Canadian employers must adapt to the reality of cannabis use by their employees, both recreationally and medically. Read more

Testing the waters of s. 72(1)(d) of the Succession Law Reform Act

By David M. Smith and Nick Esterbauer . Many of our readers will be aware that on an application for dependant’s support under Part V of Ontario’s Succession Law Reform Act , certain property that may not be considered an asset of the deceased’s estate can be “clawed back” into the estate for the purposes of considering and funding an award of dependant’s support. Subsection 72(1)(d) provides that “a disposition of property made by a deceased whereby property is held at the date of his or her death by the deceased and another as joint tenants” shall be deemed to be part of the estate. Read more

Warning signs – will your family fight over your estate?

By Suzana Popovic-Montag . No one can predict the future with 100 per cent certainty – but we all have the ability to “read some signs” to make educated guesses about what’s likely to happen. Read more

What are valid grounds for annulment?

By Andrew Feldstein . In this case , the parties married on Aug. 16, 2016, but never lived together. The applicant brought an application for annulment on April 26, 2018, saying that there was no relationship and she was used by the respondent for immigration purposes. Read more

Theft of intellectual property in the workplace

By Tyler Hatch . Recent surveys suggest that half of employees admit to stealing intellectual property (IP) from their company when they are fired. Their reasons appeared to range anywhere from wanting to make their former employer look bad out of vengeance to wanting to branch out on their own and start a competing business. Read more

Choose the right executor for your estate

By Lisa Laredo . One of the many important decisions you need to make when making a will is choosing an executor for your estate. This is the person who will wind up your affairs. Choosing poorly may not only affect the distribution of your life savings but may also affect your family’s well-being after you are gone. Read more

Backing out of an Ontario Agreement of Purchase and Sale

By Michael Lesage . Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly. Read more

Once resignation accepted by employer, employee cannot resile

By Barry B. Fisher . In this case , the judge had a situation where an employee gave her employer four months’ notice of her resignation because she did not want to be involved in an upcoming computer conversion that was planned. The employer accepted her resignation and started to make plans to redistribute her work. Read more

Unfounded allegations against dismissed employees can be costly

By Laura Williams . Dismissing an employee from their position can be one of the most challenging aspects of workplace management faced by employers. When an employer decides to dismiss an employee several organizational and legal risks can arise. Accordingly, it is important that terminations are conducted properly and in good faith to ease the transition for the employee and mitigate any risks to the employer. Read more

Brain injury among the most catastrophic car accident injuries

By Nainesh Kotak . Acquired brain injury refers to a brain injury sustained after birth. More than 1.5 million Canadians currently live with acquired brain injury. Read more

Does your elderly parent need help?

By Ian Hull . It’s a situation shared by many – you have a single elderly parent living alone. They’ve always been able to handle their day-to-day needs, with the occasional helping hand from family members. But something doesn’t seem right. Read more

Send in the Martians: Strigberger

By Marcel Strigberger . So the Insight spacecraft has landed on Mars. Is this huge? I’m not sure. This is the eighth spacecraft to land on the red planet but I am actually totally disappointed as there is something drastically still missing. I ask, where are the Martians? Read more

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