Opinion

Why staying well can be a living hell

By Ian Hull . Have you followed the wellness industry lately? The New York Times recently published a lengthy feature on Gwyneth Paltrow and her wellness company Goop. In it, the author describes a number of the “therapies” she learned about in the course of interviewing Paltrow and writing the article. Read more

The position of executor: from cradle to grave – Part V

By Avi Dahary for AdvocateDaily.com . Personal and Estate Income Tax Read more

Cannabis legalization: behind the smoke and mirrors

By Doug MacLeod . Whether you’ve been looking forward to October 17, 2018 or whether you’ve been dreading it, the legalization of recreational cannabis in Canada is officially here. Read more

Challenging a separation agreement

By Usman Sadiq . You’ve signed a separation agreement, but now you regret it. Is it too late? Can you challenge a separation agreement? It depends. In most cases, a separation agreement is a legally binding and enforceable domestic contract. However, simply drafting a document and calling it a separation agreement does not automatically make it legally binding and enforceable. Read more

When did you last update your will?

By Lisa Laredo . If you’ve written a will—congratulations—you are amongst the half of Canadian adults who say they’ve written a will . If you are amongst the other 50 per cent of Canadians, read here to find out why you don’t want to die without one. Read more

Cannabis and the workplace: what employers need to know

By Laura Williams . Recreational cannabis use is now legal across Canada. Many employers are concerned about the impact of legalization on the workplace and how they can navigate the new landscape. Fortunately, the legalization of cannabis is unlikely to result in the hassles, headaches and liability some employers are worried about, provided that employers carefully consider and communicate conduct expectations. Read more

Oral caution unreasonable for retired nurse

By Elyse Sunshine and Lonny Rosen . In a recent review , the Health Professions Appeal and Review Board (the Board) found that the decision of the Inquiries, Complaints and Reports Committee (the Committee) of the College of Nurses of Ontario to require a retired nurse to receive an oral caution to be unreasonable and substituted advice for the nurse instead. Read more

Dying for a cruise? What about dying on a cruise

By Suzana Popovic-Montag . Our estate litigation practice by its nature concerns end of life issues. And while no one expects the “end of life” to happen on a vacation, we’ve been involved in many estate files where that’s been the case. We’d like to think that vacation time is sacred, but the grim reaper begs to differ. Read more

Will the legalization of pot result in more injuries?

By Nainesh Kotak . Effective October 17, Canadians can purchase legal recreational marijuana from approved vendors. In Ontario, adults 19 and over may now possess a maximum of 30 grams of pot in public. Read more

When is imprisonment appropriate for non-payment of support arrears?

By Lisa Gelman . A recent Ontario decision examined both default hearings as well as how and when a jail committal order is appropriate to enforce spousal support and child support arrears. Read more

Summary judgment: fast tracking your wrongful dismissal lawsuit

By Bram Lecker and Kimberley Sebag. As the old saying goes, the wheels of justice turn slowly. This has never rung truer than it does right now. Ontario’s overtaxed court system provides cold comfort to people seeking timely and cost-effective settlements for their grievances. As a law firm that primarily represents employees, our clients often find themselves in court against Goliath-like employers with very deep pockets. Our plodded legal system puts them at a disadvantage because time is money for the legal profession. That is why, in 1985, we attempted to use an alternative court procedure, known as summary judgment, for a wrongful dismissal lawsuit. It ended up paving the way for fast-tracking employment lawsuits. Read more

The benefits of seeking legal advice before selling your business

By Anton Katz . If you are thinking about buying or selling a business, you undoubtedly have questioned whether you should structure that purchase or sale as a share purchase or asset purchase transaction. Read more

What happens when divorced parents can’t agree?

By Andrew Feldstein . In this case , the parties involved had a shared parenting arrangement for their four-year-old child. The judge ordered that the mother could make decisions regarding health and the father would have final decision-making authority on matters pertaining to education, but only after properly considering the mother’s input. Read more

Will cannabis criminal records be expunged after legalization?

By Joseph Neuberger . Before Oct. 16, 2018, an adult possessing 30 grams of cannabis is breaking the law. If convicted of possession, that person will have a criminal record. Read more

WSIB and motor vehicles: when are employers protected?

By Dale Orlando and Nicole Fielding The Workplace Safety and Insurance Board (WSIB) is an Ontario government agency. Employers contribute to a province-wide insurance fund, from which injured workers may be compensated on a “no-fault” basis. In return for this compensation, however, the employer is shielded from any additional liability. This means that, in most cases, WSIB-registered employers are protected from civil lawsuits, and workers are limited to recovery through benefits under the workers’ compensation scheme. Read more

How does one get a divorce?

By Steven Benmor . To get married in Ontario, the spouses attend City Hall and purchase a marriage certificate. However, in order to be divorced, the same two spouses need to apply to the court and have a judge grant a court order for divorce. That is, getting married is an administrative task handled by a governmental department, whereas divorce is a judicial process requiring court forms and the signature of a judge. Read more

Finding suitable workplace accommodation is a two-way street

By Laura Williams . Employers in Ontario are increasingly receiving accommodation requests based on employees’ childcare obligations. Many employees have children and other relatives who require care or who have special needs that need to be attended to. Read more

Limitation periods: how long do I have to begin a lawsuit?

By Anton Katz . So you think you have a claim against another person or business for harm caused by their wrongdoing. What you may not know is that you have a limited amount of time in which to commence your claim. If you fail to commence your claim within this limited time, you could permanently lose your right to be compensated by the wrongdoer. The amount of time you have in which to commence your claim is called the “limitation period.” Read more

When employers can require an IME as part of the duty to accommodate

By Amelia Phillips . In this case , the applicant was superintendent of schools at a school board. He had worked at the board (and its predecessor) since 1975. In 2010, the board appointed another individual as its director of education, a position that the applicant hoped to be considered for, but was not. This eventually triggered the applicant’s depression, which led to a two-year paid sick leave from work followed by his eventual resignation in 2013. Read more

Are you ready to be a 21st century retiree?

By Ian Hull . We’re almost 19 years into the new century, so it seems a little late to be talking about the “new” 21 st century version of retirement. Or does it? Read more