Posts

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

Legal advice beneficial in all stages of business sale

The process of selling or transferring a company can be complex, lengthy and come with potential pitfalls — for sellers, bringing a business lawyer on board in the early stages can help ensure the business is properly structured for sale and their needs are being addressed during the negotiation process, says Vancouver corporate lawyer Jonathan Reilly. 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

Leamon creates ‘judgment-free zone’ in criminal practice

Establishing a personal connection with every client is fundamental to a successful defence strategy, says B.C. criminal defence lawyer Sarah Leamon. Read more

Detailed home reno contract ensures contractor’s cash flow

Since a contractor’s primary focus during any home renovation is to be paid for the work, it’s vital to have a clearly written contract precisely detailing what the project encompasses and the costs involved, says Barrie civil litigator Scott Hawryliw. Read more

Still more to do on issue of shared parenting: Ludmer

There are “favourable trends” when it comes to shared parenting, but there is still room for improvement, Toronto family lawyer Brian Ludmer tells 770 CHQR Radio in Calgary. Read more

Downs featured in Canadian ‘cop’ documentary at TIFF

The Toronto International Film Festival’s (TIFF) red carpet will be welcoming Jim Downs, managing director of MKD International Inc., when a documentary about the lives of retired police officers premieres next month. Read more

Call to condo lawyer would have saved corporation time, money

A condominium management team that objected to a Jewish condo owner attaching a mezuzah to the doorframe of his residence highlights the importance of seeking legal advice before taking action, says Toronto condominium lawyer Audrey Loeb. Read more

Disability clause important part of shareholders’ agreement

A well-drafted shareholders’ agreement should include provisions specifying what will happen in the event of disability, says Toronto business lawyer Anton Katz. Read more

JDLG Kids Club to focus on enhancing children’s lives

Inspired by her young son, and with a desire to help the clients who made it possible for her to recently open her own boutique law firm, Fredericton family lawyer and mediator Jennifer Donovan is launching the JDLG Kids Club. Read more

How to communicate the ADR way

Most disputes are best resolved through some form of ADR — either alternative or appropriate dispute resolution, Toronto arbitrator Marvin Huberman writes in the summer edition of the ADR Institute of Ontario’s newsletter. Read more