Opinion

Jackson estate involved in litigation with HBO

By Charles Ticker It has been more than ten years since Michael Jackson died on June 25, 2009. The musician’s estate has since been involved in various kinds of litigation. Read more

Is your disability insurance company sending you to an IME?

By Nainesh Kotak Often, while adjudicating or managing a short-term or long-term disability claim, insurance companies send people to a so-called Independent Medical Examination (IME). Read more

The importance of timing in business

By Inga Andriessen “Timing is everything” is a very common expression and in business, that comes into play more times than you can imagine. Read more

Unearthing false claims of sexual harassment

By Dave Oswald False claims of sexual harassment seemed like an easy case, until we discovered information that the employer hadn’t been able to find. Read more

Who gets the cottage in divorce?

By Steven Benmor Although the family cottage is a valuable asset, it is also an emotional topic. For many families, the cottage is where the family came together, celebrated happy moments and bonded as a unit. So when spouses face divorce, it is not uncommon for questions to arise regarding ownership and use of the cottage. Read more

Do all arbitration clauses in employment agreements violate the ESA?

By Barry B. Fisher In this case, the judge was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows: Read more

Frustration of contract: Williams

By Laura Williams The doctrine of frustration of contract is one which many employers struggle with when it comes to determining whether or not they are justified in ending an employment relationship. Read more

Procuring through a distributor: set expectations early

By Michael Gleeson When procuring goods our clients are sometimes faced with purchasing a good through a third party distributor rather than directly from the manufacturer of the good. An indirect purchase through a distributor can be problematic from a contractual perspective if the distributor is not willing to take full responsibility for all aspects of providing the relevant good (e.g., the delivery, performance, installation, and maintenance of the good, as applicable). Read more

Privacy officers: we are trust builders

By Kate Dewhirst Why is privacy important? Because it is essential for building trust. Trust pops up time and time again in privacy breach stories. Read more

How can our firm stay on top of past-due accounts?

By Erica Birstler You work hard for a client and then they never pay your bill, forcing you to follow up in what can be an uncomfortable scenario. Read more

Setting the bar for commercial host liability

By Salvatore Shaw and Brandon Pedersen Three friends go to a bar one night and drink to the point of intoxication. The bartender continuously serves them alcohol, even after noticing their intoxicated states. Read more

Types of child custody in Ontario

By Numan Bajwa Divorce is one of the most difficult situations in which a couple can find themselves. In Ontario, Canada, there are certain laws that pertain to child custody. Read more

Effect of high income on spousal support

By Deepa Tailor Wondering how a recent divorce may impact your income? If you’re a high-income earner, your separation agreement may require you to pay out spousal support or financial support to your spouse after a separation or divorce. Read more

Retroactive child support: Princewill

By Angela Princewill In 1996, the federal government presented the Federal Child Support Guidelines (the “guidelines.”) The reason for the guidelines was to advance consistency and fairness in the payment of child support. Read more

Punished at work: Achkar

By Christopher Achkar Getting punished at work for asserting an employee’s rights happens all too often at workplaces around the country. Read more

Father regrets signing minutes of settlement

By Lisa Gelman Back in April, we looked at a case where the courts refused to overturn a separation agreement entered into by two parents. Another recent decision, this time from the Ontario Superior Court of Justice, highlights just how important it is to carefully consider the details and implications of a separation agreement before signing it. Read more

Where there’s a will to contract, there’s a contract to will

By David M. Smith In researching common errors in will drafting, we recently stumbled (as one often does through research) on the following question: In the case of mutual wills, what happens in the event of remarriage? Read more

Sleeper trains: nostalgia for something we may never have done

By Ian Hull When was the last time you slept (lying down) on a train? Or a better question: have you ever slept lying down on a train? Read more

Employee stock options: proposed changes to preferential tax treatment

By Mackenzie Irwin On June 17, 2019 Canadian Finance Minister Bill Morneau released draft legislation that proposes changes impacting the preferential tax treatment of employee stock options. Read more

Support payments when the payor’s income is irregular

By Andrew Feldstein In this case, the court was tasked with determining the payor spouse’s income for spousal and child support purposes. This case was contentious because the payor’s income was highly irregular and there was a large difference in the amount of regular base income vs. dividend/bonus payment Read more