Opinion

Summary judgment for parenting time

By Andrew Feldstein . The parties were married for ten years and have four children. In 2013, a final consent order determined that the parents would have joint custody and that the children would reside primarily with their mother. Their father would have parenting time on alternating weekends. The mother sought to increase child support, and, in response, the father requested that the parenting schedule be altered to reflect a more balanced schedule. Read more

Know your rights: Neuberger

By Joseph Neuberger . Being arrested, detained or charged with a crime can leave you feeling scared and vulnerable. It’s important to remember that in a situation like this, you still have rights. Read more

Blended families complicate estate planning

By Lisa Laredo . You already know that dying without a will is the safest way to ensure that you have absolutely no options whatsoever as to how your estate is to be divided. (And if you really didn’t know that, then read about what happens when you die without a will before reading on.) Read more

Professionalism matters: Andriessen

By Inga Andriessen . The word professional is battered about a lot these days. When I first went to law school, it was said that the difference between a profession and an occupation is that professionals have to put their clients, students and patients before themselves. That makes a lot of sense, though in this day and age it seems it is happening a lot less. Read more

New harassment damages — be mindful of potential liability

By Laura Williams . Recently, Ontario courts have been faced with an increase of claims for harassment damages by employees claiming they have been mistreated by their employers. Previously, the courts had not definitively recognized harassment as a standalone tort, or wrongful act giving rise to liability. Instead, employees would receive damages related to workplace harassment only indirectly, such as by claiming punitive or aggravated damages. Read more

Can your Toronto small business avoid litigation?

By Anton Katz . As a small business owner, you’re probably no stranger to setting goals for your business and mapping out a plan to achieve those goals. But there’s one thing you don’t have to plan on that will almost certainly happen on its own. Read more

Health privacy update: complainant does not get two kicks at the can

By Kate Dewhirst . In decision 80 of the Information and Privacy Commissioner of Ontario, the wife of a deceased patient was concerned that a hospital doctor wrongly shared her husband’s health information by speaking to a third party about the care he received and that the hospital failed to meet its privacy obligations. These concerns were raised with the IPC as well as the College of Physicians and Surgeons of Ontario (CPSO) (which decision of the Inquiries, Complaints and Reports Committee decision was further appealed to the Health Professions Appeal and Review Board (HPARB)). Read more

How to recover interest on lawsuit loans

By Amanda Bafaro . In the words of Kenny Rogers, know when to hold 'em and when to fold 'em. Not every case will be suitable to argue every issue. Knowing your case and picking your facts is essential for the win. Read more

Car accident injury lawsuit, disability claim dispute tried together

By Nainesh Kotak . It’s not uncommon for persons injured in a car accident to file multiple claims for compensation, depending on the circumstances of the accident and their injuries. Read more

Claims involving minors

By Jasmine Daya . One of the most difficult areas within personal injury involves claims involving minors. Injuries arising from daycare or school negligence, playground incidents due to faulty equipment or lack of supervision or any other injuries sustained by children due to the negligence of others are all cases that I want to handle most. It’s not that I have a desire to take on the most challenging cases but these are the cases that make me feel amazing about what I do. I want to advocate for young children and help make their voice heard. Read more

Five things that will disappear in our lifetime

By Suzana Popovic-Montag . It never stops. Another year on the calendar turns, and we receive another jolting reminder of the years passing. It’s not just loved ones that we lose over time – our way of life is also constantly under threat. Read more

Homemade separation agreement ends up costing time and money

By Lisa Gelman . Hiring an experienced family lawyer is a critical step when going through a separation or divorce . It may be tempting to attempt to cut costs by going through the process alone, but as one Ontario couple recently learned , doing things without legal representation can result in an expensive and time-consuming experience. Read more

Filing a claim with the labour board

By Bram Lecker and Kimberley Sebag . In Ontario, the Employment Standards Act, 2000 (ESA) governs the rules organizations must follow when they engage employees and service providers. The ESA also stipulates clear minimum standards for employee terminations. If your employer ended your employment and you believe your termination package is inadequate, you have two avenues to seek resolution. One of them involves filing a claim with the Ministry of Labour , commonly referred to as the Labour Board. And the other process requires the services of an employment lawyer. You can file a Labour Board claim online and the process is free. However, before proceeding down this route, you must clearly understand the limitations associated with this choice. Read more

Temporary layoff update: can an employee refuse a recall?

By Doug MacLeod . Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid-off employee termination pay. Read more

Estate of Aretha Franklin facing various difficulties

By Charles Ticker . Aretha Franklin passed away from pancreatic cancer on August 16, 2018, at the age of 76. Immediately after her death, it became apparent that she died without a will and an estate plan. This meant that the administration of her multi-million dollar estate would likely become challenging if various heirs and people with interests came forward. Read more

Motion to change: when a child becomes older

By Andrew Feldstein . In this case , the father attempted to have a court order concerning parenting time varied on the basis that the child was all grown up. Read more

Termination clauses: Achkar

By Christopher Achkar . In Ontario, the enforceability of a contract vis-à-vis a termination clause can be a great benefit or an unfortunate detriment for either employers or employees. Read more

$300,000 awarded for aggravated and punitive damages

By Barry B. Fisher . In this case , the judge awarded a chief building official (CBO) $200K in punitive damages and $100K for aggravated damages. Read more

Thinking about suing your business partner?

By Anton Katz . Small business owners have to juggle many competing demands in order to succeed. If you are a Toronto small business owner considering litigation against your business partner, you may wish to follow the five tips below before proceeding. Read more

SNC-Lavalin, Meng cases take unnecessary course — off the tracks

By Dr. Gary Botting for AdvocateDaily.com . The SNC-Lavalin controversy arose from a simple but fundamental misunderstanding on the part of Jody Wilson-Raybould as to the role of the attorney general/minister of justice (AG/MOJ) in the interface between the cabinet of which she was a part, and the bureaucracy of the government department for which she held the portfolio. Read more