Opinion

Moms, take care of your family — have a will!

By Lisa Laredo . Many say that moms hold the family together. They love their kids unconditionally, often take them wherever they need to go and always, always know where everything is whenever someone needs it. Read more

OCA confirms false allegations of cause can be costly

By Laura Williams . Ontario’s Court of Appeal has upheld the trial court decision in this case , which we initially blogged about here , sending a strong message to employers who make allegations of cause when dismissing their employees. The case involved an employee at an oil and petrochemical company who was dismissed by his employer and received a large compensatory award in a wrongful dismissal suit. Read more

What happens to my will if my lawyer dies, retires or moves?

By Michele Allinotte . Someday, I hope to retire and enjoy my life after law with my family and loved ones. However, I will not be “riding off into the sunset” anytime soon, and I expect to be an active lawyer in Cornwall and area for another two or more decades. Read more

Trademark law is changing in Canada — is your brand ready?

By Inga Andriessen . On June 17, 2019, a big change is taking place in Canada’s trademark world and it will matter to your brand if you don’t already have a registered trademark. Read more

Does your lawyer use inclusive language?

By Michele Allinotte . Legal documents are not always the most pleasant things to read. Even if the documents are for a good thing (buying a home or adoption), it is easy to get bogged down in the legal language. Read more

Validity of foreign divorce: Feldstein

By Andrew Feldstein . In this case , the applicant mother sought to invalidate a divorce granted in Russia, an increase in temporary spousal support, and an increase in temporary child support. The respondent father asked that summary judgment be awarded to uphold the divorce , terminate the spousal support obligation, and reduce child support . Read more

What happens if you lose a patient record?

By Kate Dewhirst . The Information and Privacy Commissioner of Ontario has issued a new health privacy Decision 86 . A woman contacted a hospital to have access to her deceased son’s health records. The hospital provided part of the record but notified the requester that part of the paper record was missing. Read more

Slap across the face gets plaintiff $65,000

By Barry B. Fisher . In this case , the judge, in a motion for default judgment, had the following fact situation: The plaintiff, a 73-year-old female clerk with 19 years’ service, was verbally harassed by a male co-worker on a number of occasions. Twice she complained to her employer, who did zilch. Read more

How we're changing the way we make the record

By Kim Neeson . For years, most of Canada has experienced a decline in shorthand reporters who have always been the recognized guardians of the record. As Canada's premier court reporting firm, responding to this crisis was identified as a top priority in 2017. Read more

New changes to the Employment Standards Act: Bill 66

By Christopher Achkar . Bill 66, Restoring Ontario’s Competitiveness Act, 2019 has just received Royal Assent on April 3, 2019. Schedule 9 of Bill 66 addresses matters relating to employment law and amends the Employment Standards Act 2000 ( ESA ) to facilitate some aspects of running a business as well as to reduce the regulatory burden placed upon employers. Read more

Government disbands the Criminal Injuries Compensation Board

By Anna Matas . Recently, the Conservative government of Ontario tabled a budget titled “Protecting What Matters Most.” Unfortunately for survivors of violent crimes, “what matters most” does not appear to include compensation for the harms they have suffered as the victims of crimes like sexual assault. Read more

Boston Tea Party revisited — lawyers wanted

By Marcel Strigberger . The Law Society of Ontario (LSO), the province’s governing body for lawyers, has imposed a requirement for its lawyers to annually affirm adoption of a statement of principles (SOP), wherein lawyers agree to confirm and be in line with the doctrine and ethics of equity, diversion and inclusion (EDI). Read more

What is a review at the Health Professions Appeal and Review Board?

By Elyse Sunshine and Lonny Rosen . The Health Professions Appeal and Review Board (the Board) is an independent adjudicative agency that, on request, reviews decisions made by the Inquiries, Complaints and Reports Committee (the Committee) of the various regulated health professional colleges in Ontario after a patient makes a complaint. Read more

What your children need to know about your divorce

By Steven Benmor . Most people believe that their children are unaware of marital problems in the home. This could not be further from the truth. Children of all ages are acutely aware of the temperature in the home. In fact, I have heard many times that the children have expressed relief when their parents finally disclose their intention to divorce. Children not only need to know about their parents’ divorce, in many cases, they want to know about their parents’ divorce. Read more

If I don’t own anything, why do I need a will?

By Michele Allinotte . One of the most frequent questions people ask me is “Do I need a will?” When I say yes, everyone over the age of 18 who is competent to make a will should do so, the reply is often, “Well, I don’t own anything.” Read more

Severance pay calculation under ESA based on Ontario payroll: OLRB

By Doug MacLeod . Under s. 64 of the Employment Standards Act (ESA), an employee with five years’ service is entitled to one week severance pay for each year of service (to a maximum of 26 weeks) in addition to notice of termination if “the employer has a payroll of $2.5 million or more.” Read more

Is a crypto-will a new frontier for estate planning?

By Ian Hull . The popularity of cryptocurrencies has heightened the world’s attention on the versatility of blockchain technology. An interesting development is the application of a blockchain solution for estate planning of crypto assets. Read more

Court orders mother to undergo a capacity assessment

By Lisa Gelman . In some situations, one party in a proceeding may ask the court for an order directing the other party to undergo a capacity assessment. An Ontario court recently considered this interesting question and explained when it might be appropriate to impinge upon a party’s autonomy and privacy interests by making such an order. Read more

Family members awarded substantial damages in car accident lawsuit

By Nainesh Kotak . A mother was driving her car through an intersection when another driver entered against the red light and violently crashed into the family vehicle. The car accident resulted in serious injuries to the mother and minor physical injuries to two of her sons and tragically, her third and youngest child sustained a fatal brain injury. He was only five months old when he died. Read more

Protect your elderly parents from robocalls

By Dave Oswald . We’ve all received at least one phone call where a pre-recorded message plays, indicating that you’ve won a prize, your taxes are owing or some other penalty you need to rectify. Robocalls are made using an automatic dialer and are able to contact a great number of people. They’re used for everything: telemarketing, political campaigns — and fraud. Read more