Opinion

HRTO: no authority to award costs to a successful party

By Stuart Rudner . What if someone files an entirely frivolous lawsuit against you, refuses to settle, and forces you to go all the way to trial, where you successfully defend the action? One would hope that you would be reimbursed for some of your legal costs. And in our civil court system, you would be. Read more

Help! I don’t want to be an executor

By Lisa Laredo . A family member or close friend passes away and amidst your grief, you discover that you have been named executor of their estate. You’re shocked because you didn’t know that you had been named as executor in their will. (Rule number one when writing your will: always ask your executor before appointing them.) Read more

Ontario’s 2019 auto insurance reform — a step in the right direction

By John McLeish and Lindsay Charles . The Ontario budget released on Thursday, April 11, 2019, addressed numerous contentious issues in the auto insurance sector. The Ontario government proposed many reforms that grew out of, in part, some eye-opening responses from a survey commissioned by the Ministry of Finance. Read more

No ‘tort of harassment’ in Ontario

By Laura Williams . The Ontario Court of Appeal has found in this case that there is no “tort of harassment” in Ontario. The Court of Appeal reversed the 2017 Ontario Superior Court of Justice decision that recognized a free-standing tort of harassment, which we wrote about here . Recognizing a free-standing tort of harassment meant that a civil claim in Ontario could be based on the mere fact that a plaintiff experienced harassment. Read more

It makes a difference — why not pay attention?

By Dawn Simons, for AdvocateDaily.com . At some point during your client’s litigation, it is likely they will express to you their lack of resources and financial stress. We all know that claims can take years to resolve, and time is not generally on the plaintiff’s side. Read more

A cure for ageist thinking? It may not be needed

By Suzana Popovic-Montag . It’s taken decades, but we’re slowly coming to terms with a few of the “isms” in our culture – racism and sexism being two obvious ones. We can add discrimination based on disability and sexual preference as two others. Read more

Urgent motion for partition and sale

By Andrew Feldstein . In this case , the wife brought a motion for relief prior to a case conference. She sought leave to bring the motion on an urgent basis prior to that case conference, and an order for the immediate partition and sale of the matrimonial home. The wife argued that she should be granted this relief because her matter was urgent. Read more

Increased court costs impair access to justice

By Amanda Bafaro . Because disbursements aren’t already high enough, the Ontario government has increased the fees associated with the filing of many of the most common civil court documents as of April 1, 2019. Read more

Trust accounting safeguards: CosmoLex

By Erica Birstler . Trust accounting is a critical function for law firms, as funds that are not yet earned or disbursed must be handled in compliance with state and federal requirements. Because of this, managing the trust account can seem intimidating. Read more

What the heck is a bencher?

By Jasmine Daya . During my first few years practicing law, I heard about “benchers” and had no idea who they were. I learned a little by the ads in the OR’s (social media didn’t exist back then, yes, I know, shocker!) and figured that they were individuals who had something to do with the Law Society of Upper Canada, now known as the Law Society of Ontario. Read more

Imparting wisdom, without sounding like a jerk

By Inga Andriessen . The Law Society of Ontario’s bencher elections are in full swing. There are many candidates, some running for specific causes and some running because they want the Law Society to have benchers whose average year of call is not 27 years. Read more

Legit screen time at Neesons

By Kim Neeson . Over the last several years, there's been lots of talk of electronic discovery and trials. As more judges and litigators go paperless, don't be left behind! This blog will explore just how easy it is to get started. Read more

When the tax man calls – estates, family disputes, debts

By Matthias Duensing for AdvocateDaily.com . The Ontario Superior Court of Justice recently ruled on a case involving parental estates and disputing brothers. Read more

It’s spring cleaning time! Add ‘write my will’ to your list

By Lisa Laredo . For most of us, spring cleaning means a chance to declutter, downsize and simplify. It’s about new beginnings and fresh starts and there’s definitely a certain feeling of satisfaction that comes with checking off each item on the to-do list. Read more

Frustration of employment contract can be plead by employee, employer

By Barry B. Fisher . In this case , the judge had a case where the plaintiff had been off on disability for eight years and had no hope of returning to work. This judgment confirmed that the doctrine of frustration is a matter of law, thus either party can claim that the employment contract has been frustrated. Read more

You can stand on the other side of humanity and be right

By Ryan Handlarski . For virtually my entire life, I have been in the minority when it comes to thinking. I can remember examples of this throughout my life from the time I was nine years old and liked the song Fight the Power by Public Enemy while most of my classmates liked New Kids on the Block (and thought I was the crazy one!). Read more

Batch billing: CosmoLex

By Erica Birstler . Billing is an activity that often takes up the most unbillable administrative time, but it’s an important function because it’s how the firm gets paid. Since billing isn’t going away any time soon, the next best thing is to automate the process as much as possible. Read more

Will challenges occur frequently in Britain

By Charles Ticker . A recent online article outlines some of the reasons why will challenges occur frequently in Britain. According to this story, a recent poll revealed that almost half of the population of the U.K. does not trust their family to manage their affairs for them. Read more

Stop the clock: mediation and limitation periods

By Stuart Rudner . This case is another reminder of the many benefits of mediation . As I have written in the past (see this post, among others,) mediation can save both parties time, money, and stress; but there is one bonus of mediation that may not be top of mind. Read more

When sole custody is more appropriate than joint custody

By Lisa Gelman . The court recently considered when it might be appropriate to grant sole custody to one party over the other. The parties were married for three years before they separated in 2010. They had two children, born in 2008 and 2010. Read more