Opinion

Your date of separation and why it matters

By Robina Khan . The term “date of separation” is so often used in family law that legal professionals sometimes forget the weight that it carries outside of the legal process. For many, the date of separation is an unforgettable and emotionally driven date in their timeline. As painful as this date can be, it also marks a period of transition into what will hopefully be made up of healing and moving forward. Read more

Sailor kisses nurse: statue with limitations

By Marcel Strigberger . I was in Sarasota, Florida the other day. At the harbour, there is a giant statue version of that iconic photograph scene whereby a U.S. Navy sailor embraces and kisses a nurse in Manhattan the day World War 2 ended in August 1945. The sailor was identified as a George Mendonsa, who actually died last week at age 95. Read more

Father’s credibility questioned after review of Instagram account

By Lisa Gelman . While social media can be an amazing tool – allowing us to communicate and share our lives with people around the world, it also brings with it an inherent lack of privacy. Even “private” accounts may be made public, and deleted photos or posts are not necessarily gone forever. Read more

Can patients trust you in the age of electronic privacy scandals?

By Kate Dewhirst . In the last few years, the public has heard a lot of scary things about electronic privacy scandals. Read more

In which court will you file for divorce?

By Steven Benmor . In Canada, in order to obtain a divorce, spouses must apply to the court and have a judge grant a divorce order. Generally, this can only occur in the community in which the parents live. So if you live in Toronto, the divorce court is located at 393 University Ave. Similarly, there are divorce courts in Brampton, Oshawa and Newmarket. So if you work in Toronto, but your home is in one of those communities, then you would need to apply to that court for a divorce. Read more

Are your children being cyberbullied?

By Jasmine Daya . Childhood bullying is not a new phenomenon but cyberbullying, which is far worse, is relatively new. Bullying means aggressive and typically repeated behaviour. Read more

Circumstances of hiring can lead to long reasonable notice periods

By Laura Williams . Employment relationships, like most relationships, typically start off with the best of intentions in both parties’ minds. Unfortunately, the expectations of one or both parties are not always met and on occasion, the employment relationship must be cut short earlier than both parties intended. Usually, this will not result in major costs for an employer but a recent case from British Columbia highlights how short-lived employment relationships can sometimes result in major awards for dismissed employees. Read more

The cost of expert reports in personal injury litigation

By Amanda Bafaro . When I left law school, I was ill-prepared for what it meant to be a lawyer. I knew I wanted to litigate and was keen to make my mark. At the same time, however, I knew nothing about the actual practice of law, or more importantly the business of law. Read more

Legal malpractice in real estate transactions – not a simple matter

By Michael Lesage . Recently, in this case , the court addressed the issue of solicitor’s negligence (legal malpractice) arising out of a real estate transaction. In that case, issues arose after the initial owner sought to divide his Mississauga property into two lots, subsequently severing and selling the lot to the purchaser in 2005. Read more

HPARB finds decision to caution unreasonable

By Elyse Sunshine and Lonny Rosen . The Health Professions Appeal and Review Board (the Board) returned a matter to the Inquiries, Complaints and Reports Committee (the Committee) of the College of Physicians and Surgeons of Ontario (the College) for reconsideration. Read more

Do you lie to your doctor?

By Ian Hull . Your annual physical is approaching, and you’re still averaging three to four alcoholic drinks per night – despite the fact that you told your doctor last year that you were going to cut back. Read more

Fertilizer for your brain: how to grow your resilience

By Suzana Popovic-Montag . Let me give you the bad news first: some people are naturally more resilient than others – and life can be tough if your resilience falls in the low end of the range. Read more

What Sidney Crosby’s 2016 Stanley Cup can teach lawyers

By Ryan Handlarski . In 2015, Sidney Crosby was going through the worst slump of his career. He had 15 points in 23 games and instead of being in his usual top five spot among the NHL scoring leaders, was ranked somewhere in the hundreds. Sports writers started to write him off as going through an inevitable decline that happens with age and following injuries. Other sports reporters were saying that the Penguins should trade him while he still had some value. Advanced stats sports reporters (I love advanced stats) were showing charts that demonstrated that his decline could actually be explained by a steady decline that had started years earlier and the decline was simply proceeding as expected. Then the calendar year changed. In 2016, Crosby broke out of his slump and went on a tear. He finished the year third in NHL scoring and then won the Stanley Cup and Conn Smythe trophy as the most valuable player in the NHL playoffs. Two months later, he won MVP of the World Cup of Hockey while leading Canada to a gold medal. How could the people who had written him off have been so wrong? And what does this have to do with lawyers? Read more

Was your short-term disability claim denied after a paper review?

By Nainesh Kotak . Does this sound familiar? You stop working due to a physical disability or due to stress, depression or anxiety. Read more

Jurisdiction in child custody matters

By Andrew Feldstein . In this case , the parties met in Canada in 2011, married in Japan in 2012, and had one child together in 2014. The father returned to Canada, and the mother visited with the child. The mother found out that the father had taken all of her credit cards, cash and their child’s passport. The father’s behaviour became hostile and threatening, resulting in the mother calling the police and moving into a shelter. Read more

Refusal to accept recall after illegal layoff failure to mitigate

By Barry B. Fisher . In this case , the judge assessed the notice period for a 50-year-old health and training specialist with 23.5 years service at 18 months. Read more

When the court will stay an order pending appeal

By Lisa Gelman . An Ontario court recently considered an interesting case where one party sought a stay of two orders pending appeal. Read more

Five contracts you need to protect your business

By Anton Katz . If you want to set your small business up for success, you need to do more than just be an expert in your field. Read more

Wrongful dismissal: recent case law increases legal uncertainty

By Doug MacLeod . Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific termination is riddled with legal uncertainty. Read more

The non-compete clause and employee poaching

By Bram Lecker and Kimberley Sebag . Employers commonly include a non-compete clause in their offers of employment. Legally, the non-compete clause is referred to as a “restrictive covenant.” It attempts to restrict your trade by limiting your ability to work for a competitor or start a competitive business. Read more