Opinion

Variation of a lifetime spousal support agreement

By Andrew Feldstein . The parties separated after being married for 17 years and entered into a settlement that was incorporated into a court order under the Divorce Act . The divorce judgment required the husband to pay spousal support in the amount of $4,000 per month "until the wife dies." The husband was a dentist earning an income between $250,000 and $300,000 at the time of the settlement. Read more

Seasons change and so do employment laws

By Stuart Rudner . Employers will be forgiven if they are tired of hearing about “changes to employment laws.” As Rudner Law discussed in our 2018 Year in Review , we have seen significant changes in several jurisdictions in recent times. Read more

What is a ‘bad faith’ request for access to health records?

By Kate Dewhirst . In a new health privacy decision of the Information and Privacy Commissioner of Ontario, we find out what needs to be proven to show a patient is making a request for access to health records in “bad faith.” Read more

Reasons a disability claim may be denied and what can be done

By Nainesh Kotak . This a list of five reasons that a disability claim may be denied. Has your disability claim been denied? See if any of these reasons fit your situation. Reason #1: Your disability insurance company says that you have a pre-existing condition. Read more

We can’t cut our smartphone habit — but we can cut the cost

By Suzana Popovic-Montag . Talk to someone who lives in Europe or travels there for extended periods. Ask them what they pay for their phone plan. You’ll be shocked and disheartened. The costs are a fraction of what they are in Canada. Read more

The termination letter: Lecker

By Bram Lecker and Jordan Reiner . If you have just lost your job , do not sign the termination letter or release until an employment lawyer has vetted the documents properly for you. Any experienced lawyer will offer this solid advice because these documents are legally binding. Read more

What to do if you think you’ve been defrauded

By Dave Oswald . Each year thousands of Canadians lose millions of dollars to fraudulent scams. Nobody is immune; it can happen to young people, teenagers, and corporate executives. Did you know that only five per cent of fraud is reported to the authorities each year? Read more

Dentists have discretion to implement cancellation, late arrival policies

By Lonny Rosen and Elyse Sunshine . A patient complained about the conduct of his dentist, stating that the dentist’s cancellation policy and possible refusal to provide treatment violated the patient’s human rights. The patient also stated that the dentist’s receptionist was abusive and uncooperative. Read more

A funny thing happened to me on the way to the Ukraine

By Marcel Strigberger . Congratulations to Volodymyr Zelensky, the new president of the Ukraine. Volod Z is actually a comedian who won a landslide victory over the incumbent. He starred in a television series called “Servant of the People,” where he played a destitute school teacher who unexpectedly becomes president of the Ukraine. It seems that reality has now mirrored fiction. Read more

Critical law society documents

By Erica Birstler . Getting audited is inevitable and when the time comes you want to be prepared with all of the documents and reports the law society will want to see. While you may know about some of them, you’ll need every single one to pass a spot audit. Read more

Court determines that it lost jurisdiction in custody dispute

By Lisa Gelman . Is it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision , an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan. Read more

Ontario’s new employer-friendly employment laws

By Doug MacLeod . Some recent changes in the law make Ontario’s employment laws more employer-friendly – especially for small businesses. This blog discusses five of these changes. Read more

Moms, take care of your family — have a will!

By Lisa Laredo . Many say that moms hold the family together. They love their kids unconditionally, often take them wherever they need to go and always, always know where everything is whenever someone needs it. Read more

OCA confirms false allegations of cause can be costly

By Laura Williams . Ontario’s Court of Appeal has upheld the trial court decision in this case , which we initially blogged about here , sending a strong message to employers who make allegations of cause when dismissing their employees. The case involved an employee at an oil and petrochemical company who was dismissed by his employer and received a large compensatory award in a wrongful dismissal suit. Read more

What happens to my will if my lawyer dies, retires or moves?

By Michele Allinotte . Someday, I hope to retire and enjoy my life after law with my family and loved ones. However, I will not be “riding off into the sunset” anytime soon, and I expect to be an active lawyer in Cornwall and area for another two or more decades. Read more

Trademark law is changing in Canada — is your brand ready?

By Inga Andriessen . On June 17, 2019, a big change is taking place in Canada’s trademark world and it will matter to your brand if you don’t already have a registered trademark. Read more

Does your lawyer use inclusive language?

By Michele Allinotte . Legal documents are not always the most pleasant things to read. Even if the documents are for a good thing (buying a home or adoption), it is easy to get bogged down in the legal language. Read more

Validity of foreign divorce: Feldstein

By Andrew Feldstein. In this case , the applicant mother sought to invalidate a divorce granted in Russia, an increase in temporary spousal support, and an increase in temporary child support. The respondent father asked that summary judgment be awarded to uphold the divorce , terminate the spousal support obligation, and reduce child support. Read more

What happens if you lose a patient record?

By Kate Dewhirst . The Information and Privacy Commissioner of Ontario has issued a new health privacy Decision 86 . A woman contacted a hospital to have access to her deceased son’s health records. The hospital provided part of the record but notified the requester that part of the paper record was missing. Read more

Slap across the face gets plaintiff $65,000

By Barry B. Fisher . In this case , the judge, in a motion for default judgment, had the following fact situation: The plaintiff, a 73-year-old female clerk with 19 years’ service, was verbally harassed by a male co-worker on a number of occasions. Twice she complained to her employer, who did zilch. Read more