Opinion

Just cause is a high threshold: Williams

By Laura Williams . A recent decision of the Ontario Court of Appeal provides an example of the level of employee misconduct that warrants an employer dismissing an employee for just cause, without notice or pay in lieu. Read more

Lawyer friends — it’s time to get out of your comfort zone

By Kate Dewhirst . I went to the Funnel Hacking Live event in Nashville, TN recently. It’s a marketing event sponsored by Click Funnels. I follow co-founder Russell Brunson on social media and loved his books Dot Com Secrets and Expert Secrets . So on a whim, I went to the live event. Read more

Employment contracts: they should keep giving and giving

By Doug MacLeod . I trumpet the benefits of employment contracts every chance I get. I often write and speak about these benefits. In the last two weeks, I received calls from two clients who benefitted from an employment contract that I wrote several years ago. Read more

Representing fathers in family law

By Deepa Tailor and Alex Walsh . What legal rights do fathers in Ontario have with regard to their child? There do not exist any actual “rights to a child” for mothers or fathers. The job of a judge or collaborative law team is to determine the issues of custody, access, and support based on the best interests of the child. Read more

Are we in China yet?

By Marcel Strigberger . In a couple of days, I leave for Hong Kong where we shall be boarding a cruise ship that will take us to a number of ports, ending up in Shanghai. I have never been to China and right now my mind is abuzz with thoughts about that exotic country. Read more

OCA solidifies the high threshold for the tort of IIMS

By Mackenzie Irwin . As my colleague reported earlier last week, the Ontario Court of Appeal (OCA) recently shut down the tort of harassment in this case . The Ontario Court of Appeal based their decision to eliminate the tort of harassment largely on the availability of other remedies to address the alleged harassing conduct. Read more

Cyberbullying ‘Momo Challenge’ a threat to parents — hoax or not

By Jasmine Daya . Spreading disinformation, hoaxes, and flat-out lies has proven to be the Achilles’ heel of the internet. It seems anyone can post anything to the internet. It’s “catch me if you can.” Once “out there” and “gone viral,” it cannot be time-stamped, recalled, or labelled for what it really is—a cyberbullying hoax. Read more

Agreeing to an undertaking was not enough to avoid a caution

By Lonny Rosen and Elyse Sunshine . A patient of a family physician had concerns about the medical care he received, specifically, that his doctor: prescribed inappropriate amounts or combinations of narcotic medications and failed to provide adequate monitoring for signs of drug side-effects or narcotic addiction. Read more

Bad faith in the course of dismissal

By Stuart Rudner and Anique Dublin . Generally speaking, an employee whose employment has been terminated is not entitled to additional damages for disappointment, embarrassment, or other psychological effects flowing from the loss of employment. Read more

Defence seeks costs from ‘you don't win you don't pay’ lenders

By Stephen Pauwels and Amanda Bafaro . Each day seems to bring new challenges for the personal injury lawyer. If not legislative intervention, its defence counsel looking for new ways to advance the interests of their insurer clients at the expense of virtually everyone else. Read more

Better business practices for Canadian lawyers

By Erica Birstler . This month, CosmoLex is focusing on overall “better business practices” for lawyers and small law firms. When you’re in charge of a law practice, it can be easy to focus on the clients and your cases, while forgetting that you also have a business to run. There can seem like a lot to manage, so we’re to help with ways you can make the management process easier and enhance your practice at the same time. Read more

The five top financial mistakes people make in a divorce

By Steven Benmor . Let’s face it, there are a few events that occur in life that can cause financial devastation. The death of a spouse, personal bankruptcy, major illness and, of course, divorce. But divorce does not need to create a financial hardship. In fact, it could actually result in a healthier financial position if it is handled properly. Some spouses find that divorce creates a clean financial separation and eliminates huge cash drains, especially for the higher income earner. Read more

Is there a duty to account when requested by a beneficiary?

By Ian Hull . In this recent decision , the Ontario Superior Court of Justice confirmed that an attorney for property and/or estate trustee has a duty to pass accounts in accordance with the Rules of Civil Procedure . Read more

Ontario court weighs in on termination clauses again

By Laura Williams . Since 2017, Ontario courts, including the Court of Appeal, have had a great deal to say about the enforceability of termination clauses in employment agreements. However, the majority of these cases have focused on what constitutes a valid “without cause” termination clause and have not considered what makes a “for cause” termination clause enforceable. Read more

What to expect in an Ontario business lawsuit

By Anton Katz . If you are a small business owner and you’ve decided to sue – or are being sued – you’re probably anxious about what lies ahead. As a small business lawyer in Toronto – one that specializes in corporate law and commercial litigation – I often prepare my clients for what to expect. Read more

Alexa – take a hike

By Suzana Popovic-Montag . Amazon Echo and Google Home – here’s my prediction about these smart speakers. In 25 years, we’ll look at film clips or ads that featured the “cool things” that these devices did – and we’ll laugh. We’ll laugh the same way we laugh today about news clips from the 1990s that described the wonder of the new “internet.” Read more

Be very careful when speaking with the media about patients

By Kate Dewhirst . We know this intuitively – but it bears repeating. Health care organizations should be very careful when speaking with the media about specific patient cases. There is a new Information and Privacy Commissioner of Ontario (IPC) health privacy decision directly on this topic. Decision 82 . Read more

Are managers entitled to overtime pay?

By Doug MacLeod . Many employees and employers believe that overtime pay is included in a person’s salary. This is incorrect for the vast majority of salaried employees. If you are paid a salary and sometimes work over 44 hours in a week, then you may be entitled to overtime for all hours worked over 44 in those weeks at time and a half for each additional hour worked. Read more

Champerty, maintenance and litigation lending

By Amanda Bafaro . Concerns over litigation lending have long be rooted in fears of champerty and maintenance; maintenance of an action in exchange for a promise to share in the proceeds of an action being champerty. Read more