Opinion

Find out if you qualify for the new FBAR filing extension

By Alexey Manasuev . U.S. citizens and Green card holders living in Canada or otherwise outside the United States may have FBAR filing obligations. If the aggregate maximum value or the balance of your foreign financial accounts exceeds US$10,000 during the calendar year, you are generally required to file FinCEN Form 114: Report of Foreign Bank and Financial Accounts (FBAR). Read more

Not every breach of contract is cause for dismissal

By Stuart Rudner and Anique Dublin . A British Columbia court recently ruled that an employer did not have just cause to terminate an employee even though the employee was in breach of her employment contract. Read more

Are patients entitled to know the names of health care providers?

By Kate Dewhirst . In the last month, I have been asked three times a variation on the theme of this question: “Do we have to tell a patient the full names of our staff if the patient asks?” The answer is generally, yes. Read more

Is parental alienation a mental health issue?

By Lisa Gelman . The concept of parental alienation can, unfortunately, be common in the practice of family law; one that can affect decisions relating to support or even custody in some cases. Read more

Third-party insurer ordered to provide coverage in pedestrian accident

By Nainesh Kotak . Pedestrians and cyclists are eligible to claim the same accident benefits as anyone who was injured while travelling in a motor vehicle, as long as the accident involved a motor vehicle. And, if you become injured by a motor vehicle, while walking or cycling, you may claim ‘no fault’ accident benefits from your own vehicle insurance policy, an insurance policy where you are considered a dependent, or against the insurance policy for a vehicle involved in the accident. Read more

Mission impossible: telephoning the government

By Marcel Strigberger . The findings of the recently released auditor general’s report on the efficiency of the Canadian government are not rosy. Most disturbing is the finding that people can’t reach a live person at a government department on the phone. Read more

Tips for avoiding real estate fraud

By Dave Oswald . As housing prices climb in many markets across the country, real estate fraud can become a much more enticing prospect for scammers. While it’s one of the lesser-known kinds of fraud in Canada, its impact can be devastating. Read more

The expensive way we’re forced to litigate in Ontario

By Inga Andriessen . As I write this blog, I’m waiting to be called to trial in a courthouse that is not in Toronto, Ont. As with most courthouses, the courthouse runs “sittings” twice yearly when civil and family trials are heard. The sittings started May 13 and will run until May 31. The next sittings will be in October. Read more

Grow your firm with data-driven decisions

By Erica Birstler . Making data-driven decisions is a powerful tactic that can help any business, including law firms. Basing strategy and initiatives off of numbers and trends makes it much easier to identify challenges, opportunities for growth and keep a competitive edge. In order to see the big picture and make informed decisions, there are key metrics that will give you the critical information you need. Read more

Three billing challenges facing your firm today

By Erica Birstler . Billing is one of the least favourite activities associated with running a law firm, but it’s an absolute must if you want to get paid for the work you’ve done. A few common challenges make it harder than it needs to be. By using the right approach and efficient tools you can make billing easier and create a streamlined process that results in healthy cash flow Read more

Aretha Franklin had handwritten wills

By Charles Ticker. Aretha Franklin died on August 16, 2018, after battling pancreatic cancer for several years. At the time of her death, she was believed to have died without a will. It seemed that Ms. Franklin left a multi-million dollar estate without even a basic estate plan. Soon after Ms. Franklin’s death, a dispute developed between her estate and one of her ex-husbands. I wrote a blog entry on this story, which is found here. Read more

Court awards $50,000 to doctor due to defamatory postings

By Lonny Rosen and Elyse Sunshine . Many health professionals have concerns about postings made about them on rating websites. A recent case heard in Kingston, Ont. dealt with defamatory comments written about a doctor on a popular website. Read more

Totally disabled employees entitled to LTD benefits, termination pay

By Doug MacLeod . If you are totally disabled and collecting disability benefits from an LTD insurer, did you know that your employer may also owe you up to 34 weeks termination and severance pay? How can this be you may ask? Read more

Why do I need a lawyer to settle my divorce?

By Steven Benmor . No one plans for divorce. It’s an event that is unanticipated, unforeseen and, most certainly, unaffordable. Moreover, legal fees are very expensive. Read More at Benmor Family Law Group Blog Read more

Frustration of contract may be claimed by employees

By Laura Williams . When an employee is on a long-term or indefinite medical leave of absence, many employers find themselves wondering what to do. It can be challenging for employers to understand when they can end the employment relationship of an employee on a medical leave without violating the Human Rights Code . Read more

Five years doing zilch gets lawsuit booted for delay

By Barry B. Fisher . In this case , the master dealt with a wrongful dismissal action where the employee was fired in 2011. The lawsuit was started in 2013, two days before the expiry of the limitation period. The pleadings were completed within one year and then nothing happened until 2018 when the registrar dismissed the case for delay. Read more

Limitation periods: Achkar

By Christopher Achkar . The merits of your case are important, but respecting limitation periods is paramount. If you file your claim too late – it may be thrown out. Read more

What do I do now? I didn’t know I was an executor!

By Lisa Laredo . Rule number one when writing your will: always ask your chosen executor before appointing them if they’re willing to take on the task. If you don’t, that person may get a surprise phone call informing them of such after your death. Read more

Grocery store self-checkout: where will it lead?

By Ian Hull. The move to retail automation amazes me – its impact is so unpredictable. The most recent kerfuffle relates to claims by one retailer's cashiers that they’ve been made to pressure customers into using self-checkout stations rather than traditional cashiers. Cashiers claim (probably correctly) that stores are encouraging self-checkout to reduce the number of cashiers needed in store. You can read about it here. Read more

Reasonable for psychiatrist to decline patient’s request

By Elyse Sunshine and Lonny Rosen . A patient complained about the conduct of a psychiatrist, stating that the psychiatrist wrote false information in the patient’s medical records, but would not amend it. The patient also complained that the psychiatrist breached her confidentiality by providing these records to her family doctor. Read more