Posts

Higher rates of pedestrian deaths, injuries in poorer areas

Recent studies which show pedestrians in low-income areas face a higher risk of getting killed or injured in collisions is disheartening and further contributes to the cycle of poverty, says Rhino Legal Finance Inc. president and CEO Larry Herscu. Read more

CosmoLex helps law firms clear administration hurdles

CosmoLex marketing director Joshua Goldberg says his company’s cloud-based legal practice management software can help overcome five common challenges law firms face. Read more

Microaggression is ‘like a virus’ creating toxic workplaces

When a complaint about racism in the workplace has been lodged, it often stems from a litany of microaggressions, says Toronto employment lawyer John Donkor. Read more

Forstner considers pre-trial motion on closed-circuit TV

Defendants in poorly equipped courthouses are being placed at a disadvantage when witnesses testify via closed-circuit television, says Oshawa criminal lawyer Lawrence Forstner. Read more

Make sure to appoint a power of attorney: Allinotte

Drawing up a will can give you peace of mind but naming a power of attorney may be even more essential, says Cornwall wills and estates lawyer Michele Allinotte. Read more

Separation deals can be challenging in abusive relationships

If allegations of domestic violence arise during a divorce, there is little chance a separation agreement can be reached without going to court, says Mississauga family lawyer Deepa Tailor. Read more

Clients favour flexible bespoke litigation funding solutions

For lawyers and plaintiffs seeking litigation funding options, the ability to access a solution that is tailored to each specific claim is essential — including the freedom to choose payment terms, or to be unconstrained by a roster of experts, says Dawn Simons, client relations manager with CaseMark Financial. Read more

Divorce Act changes to focus on best interests of children

Upcoming amendments to the Divorce Act will change the lexicon of family law and may result in a legal process that is fairer to both parents and their children, says Toronto family lawyer Gene C. Colman. Read more

Child support payments can extend beyond the age of 18

Child support obligations often do not end when a child turns 18, especially if there is a disability or if post-secondary studies are on the horizon, says Toronto family lawyer Erin Simpson. Read more

Trusted legal adviser key team member for smaller businesses

For small and medium-sized companies without in-house counsel, developing an ongoing relationship with a trusted adviser that you can turn to for assistance and guidance on a myriad of legal issues is key to driving efficiencies and ensuring compliance, says Toronto corporate lawyer Kobi Bessin. Read more

Clinicians must step up or risk being policed by someone else

Clinicians should not be scared to opine on their peers’ work in medical malpractice cases, says Toronto orthopedic spine and trauma surgeon Dr. Michael Ford.  Read more

Quality nursing home care a public policy concern, says Rashid

A recent decision awarding $640,000 in a nursing home death that included $25,000 in punitive damages, sends a message that the issue of care is a “public policy concern” that the “courts will not take lightly,” says Ottawa personal injury lawyer Najma Rashid. Read more

Police need more than just a tip before a warrantless search

The Ontario Court of Appeal (OCA) has sent a strong message to police that they can’t take anonymous tips at face value but must investigate them further, says Ottawa criminal lawyer Céline Dostaler. Read more

Choose a PI lawyer whose values match yours: Kotak

Good communication, mutual honesty and shared values are the secrets of success in any lawyer-client relationship involving personal injury or disability, says Toronto personal injury and disability lawyer Nainesh Kotak. Read more

Be aware of changes in contractor relationship: Low

Knowing the distinction between an independent contractor and an employee is an important consideration for an employer, says Toronto employment lawyer Ellen Low. Read more

OCA affirms notice period exceptions granted in rare cases

Even though the Ontario Court of Appeal recently reduced a senior employee’s termination notice entitlements to 24 months from 30 — despite what seemed like exceptional circumstances — that does not mean courts are unwilling to exceed the usual two-year soft cap in other cases, says Toronto civil litigator Stephen Moreau. Read more

SCC dissent in rape shield case ‘speaks volumes‘: Zita

The “stark dissent” in a recent Supreme Court of Canada (SCC) ruling that involves the right of the accused to explore the sexual history of the complainant could influence how defence lawyers approach rape shield provisions in the future, says Toronto criminal lawyer Jessica Zita. Read more

Determining date of separation can be complex: Williams

The date of separation is a frequently contested issue in divorce, and it isn’t always as cut-and-dried as couples expect, says Markham family lawyer Cheryl Suann Williams. Read more

Condo boards can ban balcony barbecues: Mackey

Residents will struggle to challenge condo-imposed bans on balcony barbecuing, says Toronto condominium and commercial litigator Megan Mackey. Read more

Weight given to criminal judgments during civil proceedings

While judgments from criminal cases can be considered in related civil matters, they cannot be relied on by themselves to reach a decision, as a full civil trial may be necessary to assess the evidence, says Toronto commercial litigator Christopher Gaytan. Read more