Opinion

Tips and tricks for negotiating family law settlements

By Deepa Tailor The trial, where the court decides on the dispute, is usually the first option for resolving a family law dispute. However, there are faster, cheaper, and more profitable avenues, such as family mediation and negotiation. Read more

Workplace harassment provisions coming to the Canada Labour Code

By Doug MacLeod Our last blog discussed new amendments to the Canada Labour Code (the Code) that came into force on September 1. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence. Read more

Recession alarm — how secure is your job?

By Bram Lecker and Simon Pelsmakher In recent weeks, economists and journalists alike are sounding the alarm of a pending recession. U.S.-China trade tensions, a shrinking European economy and rising inflation leave analysts nervous about the state of the world economy. Read more

A review regarding testamentary capacity assessments

By Ian Hull The English High Court laid out the benchmark test for assessing testamentary capacity and subsequent cases have served to focus and clarify aspects of it — the recent decision of the Ontario Superior Court of Justice in Kay v Kay Sr. is such a case. Read more

Dress codes at the workplace

By Christopher Achkar Employers implement dress codes at the workplace for many reasons, including promoting a certain vision or brand, ensuring employees comply with safety standards, and creating a more professional workplace. Read more

The death of due process and limits to full answer and defence

By Joseph Neuberger Effective Sept. 19, 2019, the Liberal government struck a blow to due process in the name of political correctness. Recent amendments to the Criminal Code as amended by Bill C-75 have eliminated preliminary hearings for any offence with a maximum penalty under 14 years of imprisonment. Read more

Court orders father to pay exorbitant costs award

By Lisa Gelman The mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. Read more

Motion to change parenting terms

By Andrew Feldstein In this case, the Ontario Court of Appeal was tasked with deciding whether or not a father is permitted to bring a motion to change the parenting terms of an existing order. Read more

Employer loses case because it used ‘or’ instead of ‘and’

By Barry B. Fisher In this case, the judge had to determine the validity of the following termination clause: Read more

Why should my law firm have a business plan?

By Erica Birstler No matter what stage your law firm is in, from brand new practice to an established firm, a business plan can provide guidance and direction to help your firm meet its goals and achieve success. Read more

How to get through a divorce without going broke

By Steven Benmor Nobody plans to divorce. There is no such thing as a savings plan for divorce. Financial advisors rarely recommend strategies to prepare their clients for divorce. For almost everybody, divorce is an unanticipated major life-changing event for which there was no financial plan. Read more

Update: No cameras allowed inside health examination rooms

By Kate Dewhirst The Information and Privacy Commissioner of Ontario (IPC) just released a new blog concluding that a clinic’s use of surveillance cameras violated the Personal Health Information Protection Act of Ontario. Read more

Termination for off-duty misconduct part 1: the basics

By Laura Williams In the age of social media and perpetual digital interconnectedness, incidents of employee off-duty misconduct are increasingly making their way back to employers. Read more

SCC confirms privacy rights of outgoing text messages

By Jessica Zita What happens to your texts once sent? Are they yours? Do you have a right to them? The Supreme Court of Canada’s recent decision in Marakah says yes. Read more

How to use the PPSA and protect a business loan in Ontario

By Anton Katz If you make a business loan to a small company in Ontario, you run the risk of the loss of your capital should the company default on the loan payments. Read more

Know your rights under the Employment Standards Act

By Sean J. O'Donnell If you are protected under the Employment Standards Act (ESA), your employer cannot reduce your salary without notice. Read more

Can art be classified as sexual harassment?

By Sarah Leamon A popular Vancouver nightclub has found itself before the B.C. Human Rights Tribunal for the sexual harassment of female employees. Read more

No cap on damages in landmark sex abuse ruling

By Elizabeth Grace Concluding the sexual abuse and its impacts were “at the upper end of the worst-case scale”, an Ontario court has awarded a plaintiff $400,000 for non-pecuniary damages. Read more

Steps to consider when facing a divorce

By Usman Sadiq There are many things to prepare for if you are considering a divorce. Set out below are some steps that you need to consider if a divorce is imminent. Read more

The problem with scheduling civil court matters in Ontario

By Inga Andriessen Are you reading this on your phone? While reading this did you get a phone call from someone asking if you can meet next week? Did you check your calendar on your phone, say yes and then book that into your phone? Read more