Posts

Discuss settlement range with client prior to mediation

Counsel must prepare their clients for mediation to get the most out of the process, says Toronto trust and estate litigator and mediator Felice Kirsh. Read more

Ounce of prevention could curtail complaints against lawyers

Increased mandatory programming to address better client communication and file management could seriously trim complaints to the Law Society of Ontario (LSO) against lawyers and paralegals, says Toronto mediator Bernard Morrow . Read more

LTD claimants should be mindful with social media posts

Long-term disability claimants are providing free surveillance for insurers by posting publicly on social media, says Toronto personal injury and disability lawyer Nainesh Kotak. Read more

Mediation can bring calm to high-conflict divorce settlements

An acrimonious divorce settlement does not have to end with winners and losers, says Toronto family lawyer and mediator Jennifer Samara Shuber. Read more

Involve legal advisers early in corporate acquisition, sale process

For sellers, preparation is essential to success in a corporate merger and acquisition (M&A) transaction — and engaging advisers in the early stages of the process is a crucial step in helping businesses anticipate what will be needed to get the deal done efficiently, says Toronto corporate lawyer Chaim Sapirman. Read more

Section 24 of Charter increasingly used to seek civil damages

Toronto personal injury lawyer Gary Will says there’s a growing trend to use s. 24 of the Charter to seek remedies in civil cases. Read more

Auto insurance reform doesn’t offer much change: Paciocco

Sweeping changes to cut Ontario’s auto insurance rates “seem to offer reduced premiums at the cost of decreased coverage,” says Windsor personal injury lawyer Gino Paciocco. Read more

New calls must continue to welcome change in profession

The legal profession has changed considerably in the last six decades — and lawyers called to the bar in 2019 have the duty to continue embracing change in order to maintain Canadian values and the rule of law, Toronto lawyer and arbitrator Earl Cherniak said as he received an honorary Doctor of Laws (LLD) degree from the Law Society of Ontario. Read more

David J. Rotfleisch's media roundup

Canadian tax lawyer David J. Rotfleisch is frequently called upon by the media to be a trusted source for their news stories, particularly for his focus on tax law matters for individuals and businesses. Read more

Restraining high-risk patients sometimes a necessary evil: Shekter

Health-care staff are caught between a rock and a hard place when it comes to the restraint of high-risk patients, says Toronto health lawyer Brooke Shekter. Read more

More couples resolving family law matters through ADR

A downward trajectory in the total number of family law cases in Canadian courts shows that more people are opting for alternative dispute resolution, says Toronto family lawyer Kathryn Hendrikx. Read more

MKD assists fraud victims trying to recoup losses

MKD International Inc. can help victims of financial fraud build a case against the perpetrators, says Jim Downs , the firm’s founding partner and managing director. Read more

Extra protection in place for minors involved in a lawsuit

Toronto personal injury lawyer Jasmine Daya is undaunted by the extra steps associated with a lawsuit launched on behalf of a minor plaintiff. Read more

Web scraping is 'robbery:' Kulish

A recent Federal Court of Canada decision on web scraping shows that “you can’t go into someone’s house and steal from their pantry,” says Toronto intellectual property lawyer Taras Kulish. Read more

Court for people with FASD ‘a terrific’ idea: Friedberg

A Manitoba court that specifically caters to people with fetal alcohol spectrum disorder (FASD) is a great idea that could work in Ontario, says Toronto criminal lawyer Matthew Friedberg. Read more

Dividing pensions in divorce a complex matter: Schwartz

A simpler valuation process has not eliminated disputes over the division of pensions between splitting spouses, says Toronto family lawyer Glen Schwartz. Read more

'Moving parts' can result in different business valuations

A thorough business valuation may not be straightforward and two equally qualified valuators can, and often do, reach varying conclusions, says forensic accountant and chartered business valuator Patricia Harris. Read more

Cahill ‘excited’ to chair OTLA’s medical malpractice section

Toronto personal injury lawyer Paul Cahill says he is confident his experience in the field will allow him to “make a meaningful contribution” as section chair of the medical malpractice section of the Ontario Trial Lawyers Association (OTLA). Read more

Company benefits when retaining solicitors who can litigate

Hiring a solicitor who can also litigate a business dispute ensures counsel has a deep understanding of the issues at hand — and can often be more cost-effective for clients, says Toronto business lawyer Inga Andriessen. Read more

Tax court costs awards may prompt CRA to settle before trial

Parties who are successful against the Canada Revenue Agency (CRA) in tax court are entitled to the reimbursement of some costs, which may act as a strong incentive for the taxman to settle a case before trial, says Canadian tax lawyer David J. Rotfleisch . Read more