Opinion

The pros and cons of mediation joint sessions

By Stuart Rudner “Will I have to sit in the same room as that so and so?” That’s often the question I am asked when I discuss mediation with clients, or with parties when I am acting as mediator. And the answer to that question has changed significantly over the years. Read more

Use your ancestry to your advantage

By Suzana Popovic-Montag Tracing your ancestry is big business these days. According to Ancestry.com, the company and its worldwide affiliates have three million paid subscribers and have collected 15 million DNA samples from individuals. Read more

Duty of good faith: MacLeod

By Doug MacLeod The employee, a 55-year-old engineer with 22 years’ service with the company, was thinking about either retiring or taking a leave of absence. He decided to request a six-month leave of absence. Read more

If I don’t get custody, will I get to see my child?

By Gene C. Colman Depending on the parenting agreement and best interests of the child, the answer could be yes. Custody does not prohibit a parent from seeing a child. Custody is about who gets to make decisions about raising the child. Read more

Saving the evidence is key in suspected fraud cases

By Dave Oswald If your organization has a strategy in place to deal with suspected fraud, you’re ahead of the game over those that suddenly come face to face with it. Preserving evidence is key, though this can be a challenge without a proper strategy. Read more

Witches, duelers and viagra, oh my!

By Marcel Strigberger Let’s talk about zombies, to wit, the zombie laws the federal government has erased from the criminal code via Bill C-51. Read more

Billing types and time tracking

By Erica Birstler Many lawyers who bill their client on a flat fee or contingency basis often wonder if they need to track their time if the invoice amount isn’t dependent on hours worked. While recording time takes some effort, the business value it provides is well worth it. From maximizing profitability to avoiding malpractice claims, the benefits associated with tracking time regardless of billing type makes it a must. Read more

Supreme Court of Canada clarifies use of prior sexual activity

By Joseph Neuberger In a recent precedent-setting case out of Alberta, the Supreme Court of Canada overturned a manslaughter acquittal and ordered a new trial due to the Crown’s failure to be alert to the issue of the victim’s privacy regarding her sexual history. Read more

A cautionary tale about separation and dying without a will

By Matthias Duensing for AdvocateDaily.com After 10 years of marriage and two small children, Theresa falls in love with a co-worker, and asks her husband, Max, to leave their family home in Woodstock, which they owned together as joint tenants. Read more

The four elements that make a health-care team trustworthy

By Kate Dewhirst Trust. Trust is the foundation of healthcare. Without trust, patients delay receiving care. Without trust, patients do not share the truth that helps clinicians uncover what is actually happening. Read more

Failure to take harassment complaints seriously can be costly

By Laura Williams Employers who fail to take allegations of harassment and violence seriously and fail to deal with employee complaints in good faith can face major cost consequences if the matter is brought before a court in Ontario. Read more

Drafting effective research funding agreements

By Michael Gleeson Innovations in health care are often the result of research and development initiatives. Such initiatives cannot be carried out without funding. Read more

I’m the executor but not a family member and it’s getting awkward

By Lisa Laredo Have you been named the executor but you’re not a family member? Being executor of an estate can be a tough job. After all, you are required to gather all of the estate assets, pay the person’s debts and divide what remains of their estate amongst their beneficiaries. It can be challenging, overwhelming, time-consuming and emotionally draining. Read more

Unenforceable termination clause costs employer over $400,000

By Doug MacLeod By Doug MacLeod . A recent case underscores the importance of including a properly drafted termination clause in your organization’s employment contract. Read more

Why you may need critical illness coverage

By Nainesh Kotak Many working Canadians are familiar with long-term disability insurance, the purpose of which is to provide income replacement when someone becomes ill or injured and is unable to work for a prolonged period. Read more

Accommodation and the Human Rights Code

By Christopher Achkar By Christopher Achkar . Under the Human Rights Code, employers in Ontario are expected to accommodate their workers to the point of “undue hardship.” This is commonly known as the “duty to accommodate.” Read more

Stress webinar gone stressful

By Marcel Strigberger I just concluded a stressful week, all because of a webinar I took in on handling stress. Being retired from the practice of law, I find my main stressor now is technology. I’m a devout baby boomer and I feel marginalized dealing with computers and other machines. Read more

Former spouse receives entire life support payout

By Lisa Gelman When people get divorced or separated , it is common for one party to take out a life insurance policy in order to fulfill any child or spousal support obligations they may be unable to make in the event of their death. Read more

What you need to know about impaired driving charges in 2019

By Joseph Neuberger Recent changes to the impaired driving laws by the federal government developed to combat drinking and driving offences and the impact of legalizing cannabis, the laws surrounding impaired driving in Canada changed on Tuesday, Dec. 18, 2018. Read more

Language to limit incentive compensation on termination

By Laura Williams Without an enforceable employment agreement, upon a without-cause dismissal, an employee is entitled to be provided with pay in lieu of reasonable notice including his or her full compensation package during the (often lengthy) common law reasonable notice period, including base salary, benefits, bonuses, stock options and more. Read more