Opinion

University tribunals are no substitute for courts

By Joseph Neuberger . The growing concern to address sexual assault allegations on university campuses has resulted in a new vigilance to investigate and litigate allegations against students and faculty with little to no protection of the accused person’s fundamental rights. Increasingly, students and faculty members accused of sexual misconduct, even absent criminal charges, are being forced to participate in pseudo-trials designed by universities. Read more

Are you fully compliant? Five reasons to go to a U.S. tax adviser

By Alexey Manasuev . You work hard for your money. Naturally, you want to keep as much of it as possible when you file your taxes. If you’re an individual filing a simple U.S. tax return , you can likely file your own taxes without much of a hassle. Read More at U.S. Tax IQ Blog Read more

No magic age when children make their own health privacy decisions

By Kate Dewhirst . This comes as a surprise to most lay people. In Ontario, and in many jurisdictions around the world, children make their own health privacy decisions when they are “capable” of doing so and not when they reach a specific age. Read more

Conflicting statutory obligations do not absolve employer of duties

By Laura Williams . Employers in Canada are subject to a variety of legislation that governs the way they conduct business in areas ranging from environmental compliance to employee relations. What does an employer do when two of those statutory obligations seem to be at odds? While most employment-related legislation interacts with little difficulty, on occasion fulfilling one statutory obligation may cause the employer to violate another obligation at law. Read more

Costs award reduced from $171,000 to zilch

By Barry Fisher In this case , the judge was called upon to reconsider his trial award of costs after the Court of Appeal reduced the plaintiff’s damages from $137,000 to $57,000. Read more

Email fraud is common: it even happens at work

By Dave Oswald . Did you know that email isn’t – and was never deigned to be – a secure way to communicate? Fake emails can be quickly created and doctored to look real, reliable, legitimate. Read more

How long do long-term disability insurance benefits last?

By Nainesh Kotak . Once you have been approved for long-term disability benefits you may be wondering how long those disability benefits will continue to be paid by your disability insurer. Long-term disability policies are marketed as “peace of mind” insurance. However, termination of benefits happens quite frequently. Read more

The impact of a Voice of the Child report on parenting time

By Lisa Gelman . In a recent case , an Ontario court considered whether it could grant a father’s request to vary parenting time without proceeding to trial. The parties were married in September 2001 and separated in June 2011. They had four children together, ages 17, 15, 13 and 7. Read more

Donut rhapsody: Strigberger

By Marcel Strigberger . The iconic roll up the rim to win contest isn’t working. Seems the company's recent reprise of their annual promo is not raking it in. Profits are down and the food giant is trying to figure out a way to refresh the game from the way it has been since the 1980s. As the saying might go, you have to know when to roll ‘me and when to fold ‘em. Read more

Laugh at death (on us)

By Ian Hull . During the past Halloween season, I couldn’t help laughing as I drove by a home in the country that had a very realistic looking, life-sized grim reaper on the front porch. The juxtaposition of decorative corn stalks and an inviting veranda with this figure of death looming over the doorway showed that someone inside had a very funny (but dark) sense of humour. Read more

Top five reasons HR professionals should use digital forensics

By Tyler Hatch . HR professionals get involved when employees are disciplined or dismissed for contravening workplace policies . Computers, smartphones, tablets and the internet are incredibly prevalent in the modern workplace and therefore the chances are high that discipline or dismissal will involve the use of technology or the internet in the workplace. Read more

Mutual release set aside due to fraudulent misrepresentation

By Barry B. Fisher . In this case , the Ontario Court of Appeal upheld the lower courts’ decision to set aside a settlement with its ex-employee to whom they had paid 36 months severance pay only to find out later that he had actually ripped them off for a million dollars. Read more

Directors sent to jail for failure to pay employee wages

By Doug MacLeod . If you are a director or a party to a unanimous shareholder agreement did you know that you are personally liable for unpaid wages and you could go to jail for up to one year for failing to pay them? Read more

Meng extradition political poppycock: Botting

By Dr. Gary Botting for AdvocateDaily.com The attempted extradition of Chinese corporate executive Meng Wanzhou by the United States is entirely political. Read more

Costly mistakes for startups

By Christopher Achkar . Startups are infant businesses and most have doomsday clocks – a deadline by which they must become profitable to survive. Success in the startup sphere depends on several elements, and adaptability to the many moving parts while adhering to legal standards greatly increases success rates. Read more

Living apart together relationships require planning and advice

By Michele Allinotte . A recent Globe and Mail article reviewed the lives of several couples who chose to live apart in long term relationships. Full disclosure, I was one of the individuals interviewed for this article. Read more

Happy 60th — now start saving

By Suzana Popovic-Montag . There are lots of positives to retirement and your senior years: fewer costs, more leisure time, and less daily stress to name a few. And these are all worth celebrating. But the negatives can be crushing: more body pains and disease, the deaths of close friends and family, and being that much closer to death yourself. Read more

Anonymity in family law litigation: sealing orders, publication bans

By Andrew Feldstein . The parties in this matter have one change. A final order was in place that provided the father access to the child on Tuesday and Thursday evenings, as well as every other weekend. Read more

Can an employer rely on the findings of a criminal trial?

By Laura Williams . When an employee is convicted of a criminal offence, employers can be left wondering what to do. Depending on the nature of the crime, an employer may feel that the worker’s continued employment is not tenable and may wish to end that relationship for that reason. Read more

Harassment at work? Employers, take heed!

By Bram Lecker and Simon Pelsmakher . In recent years, the media has cast a spotlight on the topic of harassment at work. As employment lawyers, we regularly bear witness to this despicable phenomenon through our clients. It portrays human relationships at their worst. Read more