Lerners LLP

In matters of the law, nothing matters more than the firm and people you choose to represent your interests.

By choosing Lerners, you will have a team of fearless advocates and tireless lawyers. Theirs is a history of more than 85 years of successful client service and representation and today Lerners is more than 120 exceptionally skilled lawyers with abundant experience.

In short, they share an uncompromising commitment to serving your interests and ensuring a successful outcome. Perhaps it's why they are one of the most consistently recommended and selected law firms in Ontario.

Lerners LLP In The News
Announcing the Lerners 90th Anniversary Charitable Giveaway

In celebration of our 90th anniversary as a law firm, we want to recognize the role our clients, lawyers, staff, and communities have played in contributing to our success by giving back. Read more

Legal considerations in implementing a share option plan

by Greg Hatt . Private companies which want to consider implementing a stock option plan need to be aware of the legal considerations involved. This article will outline some of the principal considerations. Read more

What is "escrow" and how does it work?

By Joseph Hentz . In commercial transactions, the term “escrow” is often used to describe the status of certain documents, instruments, share certificates and funds which are being held by a person but not authorized for use or release. Escrow is a contractual arrangement in which a third party to a transaction agrees to receive and disburse documents, instruments, share certificates and funds in accordance with certain conditions being met. The word derives from the French word escroue , meaning a scrap of paper or scroll that a third party held until a transaction was complete. Read more

When can children decide which parent to live with?

By Jordan McKie . As a family law lawyer, I am frequently asked this question. The short answer is that children can make their own decisions about where they will reside once they reach the age of majority, which is 18 in Canada. But the long answer - the answer which matters when parents are engaged in a dispute over custody and access - is that a child's views and preferences generally become increasingly determinative as the child ages. Read more

Mediating disputes - A family law perspective

By Carolyn Lloyd . What happens when a Canadian family law lawyer from Lerners LLP goes to the Program on Negotiation at Harvard Law School to learn more about mediation? Read more

Discrimination in hiring practices based on citizenship

By Kimberly Cura . With Canada’s growing influx of international students in recent years, employers must be careful not to implement hiring practices that may be considered to be discriminatory on the grounds of citizenship. A recent decision by the Human Rights Tribunal of Ontario (HRTO) provides a cautionary tale. Read more

Court of Appeal judgment strengthens polluter pay principal in environmental litigation

By Jacob Damstra . The Court of Appeal for Ontario released a decision this year, in Huang v. Fraser Hillary’s Limited , 2018 ONCA 527 , with important developments and clarifications affecting environmental litigation in Ontario. Last year, I published a case commentary on the trial decision in Huang v. Fraser Hillary’s Limited , 2017 ONSC 1500 , regarding how subsection 99(2) of Ontario’s Environmental Protection Act , R.S.O. 1990, c. E.19  ( EPA ) provides a powerful remedial tool to seek compensation for historical spills. More recently, I wrote about a motion decision of the Court of Appeal in Huang v. Fraser Hillary’s Limited , 2018 ONCA 277, denying Ecojustice leave to intervene in the appeal . Now, the Court has released its judgment on the merits in this case which includes at least two important clarifications in the law applicable to environmental litigation. Read more

Can I use recreational cannabis in the workplace?

By Jacob Damstra and George Hamzos . With the legalization of recreational cannabis set for October 17, 2018, many employers will be concerned with how this will impact their workplace. Although it will be legal for Canadians to consume cannabis in the privacy of their own home, the consumption of recreational cannabis in the workplace will continue to be illegal. Read more

Does an employee have a duty to disclose medical cannabis use to an employer?

By   George Hamzo  and Jacob Damstra . Medical cannabis users may find themselves wondering if they are required to disclose their medical cannabis use to their employer. Read more

Will your workplace be up in smoke?

By Joe Masterson . Most probably not. Still, it will be legal for Canadians to consume recreational marijuana on October 17th, 2018. What does this mean for employers? Read more

Restrictive covenants: When will non-competes and non-solicits in employment agreements be enforceable?

By Jane Scholes . Many employment contracts include an agreement that, for some period of time following their employment, the employee will not work for a competitor or solicit business from the company’s customers and/or suppliers. These belong to a category of clauses called “restrictive covenants”, so named because they attempt to restrict an employee’s post-employment conduct. They are also sometimes referred to as “non-competes” or “non-solicits”. Read more

Expert advice series: Expert bias. How trial courts are applying the White Burgess analysis

By Jennifer Hunter . In 2015 in White Burgess Langille Inman v Abbott and Halibuton Co. , 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. At the threshold stage, expert evidence will only be inadmissible if the expert is unable or unwilling to discharge his or her duty to provide a fair, objective and non-partisan opinion. Once the threshold stage is met, any remaining concerns about an expert’s compliance with his or her duty should be taken into account in the overall cost-benefit analysis at the gatekeeper stage. If the evidence passes both the threshold and gatekeeper stages, any residual concerns about bias should be reflected in the weight given to the expert opinion. Read more

Security for costs in employment cases

A motion for security for costs has potential to cause trouble for an employee, and can offer many benefits to a defendant, in the right circumstances. It can result in the employee having to post security for the defendant’s costs, and can deter frivolous and vexatious claims, as well as some meritorious but modest claims from continuing. Read more

Expert advice series: The futility of critique reports by expert witnesses

by Jennifer Hunter . While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose – to critique the opposing expert. The nature of the critique may include collateral attacks on the opposing expert, attacks on the opposing expert’s knowledge, and attacks on the procedure the opposing expert employed. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’ “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. Read more

Family law arbitration

Arbitration is an out-of-court process that falls under the category of “Alternative/Appropriate Dispute Resolution”. It is the process that most closely resembles a Court hearing or trial, but it is private and confidential, and it is conducted in a manner that is best-suited for your family law dispute as determined with your trained arbitrator. Read more

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