Opinion

Want to be creative with your will? Get a lawyer

By Suzana Popovic-Montag . If you’re a regular reader of obituaries, you’ve undoubtedly seen some creative writing touches in remembering a departed family member. While traditional obituaries are still the norm, humour seems to be creeping into more of these tributes – especially those written by the deceased person in advance and published upon their death. You’ll find some great examples here . Read more

Ontario Divisional Court offers another take on termination clauses

By Laura Williams . A series of Ontario decisions in 2017 and 2018 demonstrated that termination clauses are tricky business! Many employers include termination clauses in employment agreements, which set out the entitlements of employees upon the termination of their employment. Read more

Disbursement funding options

By Katie Armstrong . A client’s ability to fund disbursements is always a key consideration when preparing a legal budget. Historically, litigation funders would typically only consider cases of a certain size that met a significant cost to damages threshold. As a consequence, it was difficult to obtain disbursement funding at a proportionate cost due to the profile of the funders operating in this niche space. The funding market has, however, developed significantly, with new products and markets now specifically geared toward the more modest value claims and the funding of clients’ disbursements. Read more

Can your employer ask for passwords to your social media accounts?

By Amelia Phillips . The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal privacy law for private-sector organizations. The Act sets out the ground rules for how companies must handle personal information in the course of their business operations, including human resources. Read more

Catastrophic injury impairment

By David Hollingsworth . Automobile insurance is constantly changing. It seems that the government continues to strip away at some of the most vital services required for injured people, especially those who are severely injured and need it most, those with a catastrophic injury. Read more

‘Advances’ on settlement funds and the personal injury lawyer

By Amanda Bafaro for AdvocateDaily.com . Should personal injury lawyers lend money to their clients? If you don’t lend your clients money, is it ok to have family or friends lend them money? It’s inevitable that you’ll be asked, and a responsible personal injury lawyer needs to be prepared for the client in need. You should have a plan, and hopefully; one that doesn’t result in regulatory review or judicial intervention. Read more

Five common will drafting mistakes

By Lisa Laredo . Write your will right and it will do exactly what you want and need it to do when you die. Your will is your roadmap to your loved ones and a properly written will ensures that your death doesn’t create a legal or administrative burden on your family. Read more

What I’m looking for in a bencher

By Inga Andriessen . If you’re not an Ontario lawyer, then this blog is not for you. This is about our upcoming bencher election for the Law Society of Ontario (LSO). Benchers are elected representatives of Ontario lawyers and regulate the conduct of lawyers in Ontario. Read more

Be mindful of health professional/patient relationship boundaries

By Elyse Sunshine and Lonny Rosen . A health professional is in a position of power and trust and must establish and maintain appropriate professional boundaries with patients. Read more

Preparing an application for funding

By Katie Armstrong . Due to the growing awareness of litigation funding options, an increasing amount of plaintiffs and lawyers now have access to capital to litigate valid claims and grow their firms. However, for many plaintiffs and lawyers, the funding process is new and opaque. Furthermore, the skills required to successfully secure funding are typically outside of lawyers’ teachings. Read more

When will a court order interim costs and disbursements?

By Lisa Gelman . An Ontario court recently considered a case where a husband appealed from an interlocutory order that required him to pay his wife $150,000 for interim costs and disbursements. Read more

The ways to ruin your chances of settling your divorce in mediation

By Steven Benmor . Mediating your divorce is an opportunity to try and settle your case without going to trial. Mediation is a fast, fair and cheap process. Litigation is long, hostile and very expensive. After a trial, both the winners and the losers, often wish they could have avoided litigation and reach a settlement in mediation. Read more

Handling mortgage debt depends on circumstances at time of death

By Mary Wahbi for AdvocateDaily.com . Your mortgage lives on even after you die, and one way or another, the lender will want to get paid. Read more

New developments on the doctrine of frustration

By Laura Williams . In two 2018 decisions, Canadian courts considered the boundaries of the doctrine of frustration. Frustration occurs when two parties can no longer meet their contractual obligations, through no fault of their own, due to an unforeseen “frustrating event” that precludes the execution of the duties under the contract. Read more

Liability for the tort of intentional infliction of mental suffering

By Mackenzie Irwin . The tort of intentional infliction of mental suffering (IIMS) is not awarded often and requires the plaintiff to meet a very high threshold. Read more

Unbundled legal services

By Cathryn Paul . If you are representing yourself in a family law matter, you are not alone. Over half of the litigants in family court are not represented by lawyers. For many, it is because their incomes fall above the threshold to qualify for Legal Aid but fall well below what one reasonably needs to earn to afford a lawyer on a full retainer. Read more

Talking to your doctor when you have a disability claim

By Nainesh Kotak . How you speak with your doctor is of utmost importance when you are applying for short-term disability and long-term disability benefits. Read more

Ensuring procedural fairness in arbitration

By Andrew Feldstein . In this case , the parties were arguing over several issues, including parenting and child support . When mediation failed, they turned to arbitration. The arbitrator held a pre-arbitration conference to determine various matters including the issues for arbitration. There is no record of what happened at the pre-arbitration conference and there were no pleadings. Read more

OCA says shares held by employee valued at date of termination

By Barry B. Fisher . In this case , the court had a situation where the plaintiff held private shares in the defendant which, pursuant to a shareholders agreement, were deemed to be sold back to the defendant upon termination of employment. From time to time the defendant would issue bonuses to shareholders, which I assume were like dividends. The trial judge awarded the plaintiff the bonuses that would have been paid to her had she been employed during the 11 month notice period that was awarded. Read more