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What Should I do if I’m in a Car Accident?

Posted on November 27, 2020 by Author Maya Krishnaratne

Ontario is governed by a “no-fault” scheme of insurance for things like covering the damages to your vehicle and providing you certain benefits (“accident benefits”) to pay for physical treatment,...

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Failure To Close An Agreement Of Purchase And Sale In The Context Of COVID-19

Posted on November 27, 2020 by Author Stephanie Turnham and Kathrin Gardhouse

The COVID-19 pandemic has lead to noticeable changes in the real estate market in the GTA as well as to a general recession, according to Statistics Canada. While detached houses...

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How Section 116 of the Income Tax Act Can Affect Your Real Estate Transaction

Posted on November 27, 2020 by Author George Messih and Steven Huryn

Overview When real property is sold by a non-resident of Canada, both the buyer and seller and their advisors should turn their minds to the provisions of section 116 of...

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Estate Freeze – What it is and what it does?

Posted on November 04, 2020 by Author Frank Shostack and Kathrin Gardhouse

An estate freeze fixes the value of the asset that is frozen, such as shares of a corporation, in the hands of the owner until the time of death, allowing...

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Involved in a Commercial Real Estate Transaction? Make Sure You Complete Your Due Diligence with Respect to Environmental Issues

Posted on November 04, 2020 by Author Laura Rosati and Steven Huryn

Due diligence is an essential part of any real estate transaction. In a residential real estate transaction, searches are typically performed to determine if there are any issues with respect...

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Ontario Introduces the Personal Real Estate Corporation (PREC)

Posted on October 28, 2020 by Author Elisabeth Colson and Steven Huryn

 On October 1, 2020, the Government of Ontario filed Ontario Regulation 536/20, Personal Real Estate Corporations (“Regulation 536/20”), under the Real Estate and Business Brokers Act, 2002, SO 2002, c...

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Rejected work, study or visitor visa – what next?

Posted on October 28, 2020 by Author Maya Krishnaratne

If you have carefully filled in the forms, gathered the numerous supporting documents and tried to provide as thorough an explanation for your application for temporary residence to Canada, it...

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The Alberta Court Quells the “Magna Carta Lawful Rebellion”

Posted on October 19, 2020 by Author Lawrence Hansen

The Alberta court has once again called out pseudo law, that body of “spurious legally incorrect ideas that superficially sound like law and purport to be real law”.[1] Simply put,...

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Immediate Family Members of Canadians – Entering Canada

Posted on October 06, 2020 by Author Maya Krishnaratne

Since the onset of the pandemic, the rules about who can enter Canada have been confusing and hard to keep up with at times. A particularly hard hit group has...

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Title Insurance Providers Introduce Increased Protection for Lenders from Super Priority Liens and Deemed Trusts

Posted on September 30, 2020 by Author Justin M. Cooper and Steven Huryn

The recent decision of the Federal Court of Appeal in Toronto-Dominion Bank v Canada, 2020 FCA 80 (“TD v Canada”), created a new cause for concern for lenders. The facts...

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The Importance of Having Legal Counsel for your Aggregate Extraction Licence

Posted on September 29, 2020 by Author Marc Kemerer

Aggregate (sand, gravel, stone) extraction is one of the most controversial and heavily regulated industries in Ontario. Necessary to build infrastructure in the province, it is often misunderstood and underappreciated....

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Determining the Child Support Obligations of a Step Parent

Posted on September 25, 2020 by Author Amy E. Jephson and Kathrin Gardhouse

A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines...

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Construction Law 101: Explaining Construction Liens

Posted on September 22, 2020 by Author Christopher W. Statham

What is a Construction Lien? Under the Construction Act a person who supplies services or materials to an improvement for an owner, contractor or subcontractor, has a lien for the price of...

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How a Mediator can get you out of an Impasse

Posted on September 22, 2020 by Author Eric Gossin and Kathrin Gardhouse

Mediators have to be adept in soft skills to identify and break down the causes of an impasse between opposing sides. DSF lawyer and mediator Eric Gossin shares his wisdom...

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Back To School Amid Covid-19?

Posted on September 17, 2020 by Author Katelyn Bell and Kathrin Gardhouse

The Ontario Superior Court of Justice (ONSC) has recently, and in numerous instances, been called upon to decide the question as to whether children should be sent back to school...

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Temporary Layoffs During COVID-19 – “COVID-19 period” extended until January 2, 2021

Posted on September 15, 2020 by Author Marty Rabinovitch and Kathrin Gardhouse

On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”).  As a result of this new regulation, non-unionized workers who had their hours reduced or eliminated due to COVID-19 are...

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Indigenous Consultation and the Aggregate Licensing Process

Posted on September 10, 2020 by Author Lawrence Hansen and Kathrin Gardhouse

The duty to consult and to accommodate indigenous peoples can arise at any time in the aggregate licensing process.  The failure to properly address the duty will not only cost...

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Enforceability of Termination Clauses and the Latest Blow to Employers - Waksdale v. Swegon North America Inc. (2020 ONCA 391)

Posted on August 26, 2020 by Author Marty Rabinovitch

Termination clauses are often relied upon by employers to define an employee’s severance entitlement when an employee is terminated without cause.  These clauses are often drafted to limit an employee’s...

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Four things you need to know about “Time shall be of the essence” in real estate transactions (especially in a pandemic!)

Posted on August 18, 2020 by Author Laura Rosati

A contract of sale for a piece of real estate property will almost always expressly provide that time is of the essence. This clause means that you and the other parties...

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Ontario Stone, Sand & Gravel Association Expresses Support For Aggregate Approval Process

Posted on August 10, 2020 by Author David S. White and Marc Kemerer and Lawrence Hansen

The Ontario Stone, Sand & Gravel Association  (“OSSGA”) has recently written to the Honourable Doug Ford, premier of Ontario, to state that the Premier should not interfere in the licensing...

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Small Business Evictions Banned in Ontario

Posted on August 05, 2020 by Author Shawna M. Sosnovich and Larry W. Keown and David Heppenstall

On March 19, 2020, two days after announcing a state of emergency due to the coronavirus pandemic, Ontario moved to temporarily protect residential tenants from eviction. The Landlord and Tenant...

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Employers Must Discharge Their Onus to Prove Failure to Mitigate

Posted on July 20, 2020 by Author Marty Rabinovitch

A recent 2020 decision of the British Columbia Supreme Court, Virk v. Satnam Education Society of B.C., was a reminder that in wrongful dismissal litigation, the employer has the burden to...

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Are You Still Eligible For The CERB?

Posted on July 07, 2020 by Author Elisabeth Colson and Amar Gill

THE CERB & RETURNING TO WORK Amidst the economic challenges of COVID-19, a number of Canadians have relied on financial assistance in the form of the Canadian Emergency Response Benefit...

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Separation Calculation of a Defined Benefit Plan

Posted on July 06, 2020 by Author John P. Schuman

A pension can be a great way to plan for retirement. However, they can cause difficulties in separation and divorce. Deciding how much a pension is worth, how it should...

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Weddings & Contract Frustration during Covid-19

Posted on July 03, 2020 by Author Christopher W. Statham

WEDDINGS, CONTRACTS & COVID-19 Before entering into a marital contract, couples and newlyweds may enter into a number of other contractual relationships. From vendors for decor & entertainment to catering...

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Custody, Access and Covid19

Posted on June 30, 2020 by Author Kenna Bromley

In the recently decided case of Ribeiro vs Wright, the Ontario Superior Court of Justice affirmed that parties with a pre-existing separation agreement or court order in place with respect to...

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3 important things to keep in mind when the Children's Aid Society comes knocking

Posted on June 29, 2020 by Author Kenna Bromley

The Children’s Aid Society is knocking at your door. Now. You might have been warned of their visit, but they do not need to give you notice. The visit could...

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OCCUPATIONAL HEALTH & SAFETY REOPENING ONTARIO –THINGS TO CONSIDER IMPLEMENTING AS BUSINESSES BEGIN TO REOPEN

Posted on June 25, 2020 by Author Marty Rabinovitch and Amar Gill

Reopening Ontario The province of Ontario has presented a multi-phase plan to reopen the economy. The province will follow a gradual approach to allow public health officials to monitor and...

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What to Expect from your Personal Injury Case during COVID-19

Posted on June 22, 2020 by Author Marc G. Spivak

This pandemic has affected every aspect of our daily lives in profound ways. However, our firm is still operating as usual albeit remotely, as legal services were deemed an essential...

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DSF Lawyer Gets Damages For a 3-Year-Old Subjected to Harsh and Degrading Treatment at a Private School

Posted on June 18, 2020 by Author Katelyn Bell

DSF's education lawyer Katelyn Bell successfully defended the parents of a three-year-old student against a claim for unpaid tuition. The pupil’s parents were instead awarded $2,000 in damages against the...

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An Open Email Dated June 15, 2020, From Insurance Defence Lawyer, Miriam Tepperman, To Our Attorney General Regarding the Importance of Jury Trials

Posted on June 15, 2020 by Author Miriam Tepperman

I am a proud insurance defence lawyer. I am proud of my role in the justice system that helps people get back on their feet after an injury while keeping...

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An Open Email dated June 12, 2020, from Personal Injury Lawyer, Marc Spivak, to our Attorney General Regarding Suspending Juries in Civil Law Cases

Posted on June 12, 2020 by Author Marc G. Spivak

To the Honorable Doug Downey Attorney General of Ontario I am a personal injury lawyer and have been for 28 years. The first 9 years of my practice I acted...

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Reduced Travel Restrictions for Relatives of Canadians and PRs

Posted on June 09, 2020 by Author Maya Krishnaratne

Recently, the government announced that “immediate family members” of Canadians and Canadian permanent residents will be exempt from the prohibition on entry to Canada if they are coming to be with their...

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Supreme Court of Canada Shuts Down Insurer

Posted on June 05, 2020 by Author Marc G. Spivak

Leave to appeal from the Court of Appeal’s decision in Tomec v Economical Mutual Insurance Company In 2019 ONCA 882 was recently denied by our highest court.  This finally shuts down years...

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Amendments to the Employment Standards Act, 2000 – May 29, 2020 – Impact on Temporary Layoffs

Posted on June 02, 2020 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Janet Son. On May 29, 2020, Ontario passed Regulation 228/20 under the Employment Standards Act (“ESA”). During the pandemic, many businesses were forced to close...

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How to Deal with an Emergency Parenting Motion during COVID-19

Posted on June 01, 2020 by Author Andreina Minicozzi

This blog is co-written by our former articling student, Janet Son. Co-parenting with your ex-partner is difficult even in normal times. Now trying to co-parent amidst a pandemic with ever-changing...

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COVID-19 – Employer and Employee Frequently Asked Questions Part II

Posted on June 01, 2020 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Janet Son. Employers When am I able to re-open my business? The Province of Ontario presented a multi-phase plan to re-open...

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Canada Labour Code Adjudicator Awards Costs in Unjust Dismissal Case

Posted on May 26, 2020 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Janet Son. In P.D. and The Bank of Nova Scotia, Re, 2020 CarswellNat 640, Adjudicator Kaufman considered the issue of whether...

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Long-Term Care Homes Ordered to Allow Nurses to Determine Appropriate levels of PPE on the Job

Posted on May 19, 2020 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Janet Son.  Long-term care homes (“LTC homes”) remain particularly vulnerable in the country’s fight against COVID-19. Reportedly, LTC homes are connected...

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Express Entry Roadmap

Posted on May 13, 2020 by Author Maya Krishnaratne

On May 8, 2020, Devry Smith Frank LLP hosted an Express Entry Roadmap webinar to share insights and information on popular routes to Canadian permanent residence. The webinar was presented...

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Insurance in the COVID-19 Era, Can Insurance Save Your Business?

Posted on May 12, 2020 by Author Miriam Tepperman

This is a time of great uncertainty where businesses are incurring losses and extra expenses due to the coronavirus. The question is: who has to bear these losses? Is it...

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COVID-19 - Family Law Property Scam

Posted on May 05, 2020 by Author John P. Schuman

Even during this pandemic, there are some separated or separating spouses who are trying to take advantage of the situation, and the operation of Part 1 of Ontario’s Family Law Act,...

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Property Division During COVID-19

Posted on May 05, 2020 by Author Mason Morningstar

In my previous post, I touched on the issue of changing support obligations in light of the pandemic. More and more, separating spouses are wondering how property issues will be dealt...

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Changing Child Support or Spousal Support Payments During COVID-19

Posted on May 04, 2020 by Author Mason Morningstar

Child and spousal support obligations take effect either pursuant to a court order or a separation agreement (to be sure, many people make informal arrangements amongst themselves, though this is...

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Canadian Spouse? Travel to Canada During COVID-19

Posted on May 01, 2020 by Author Maya Krishnaratne

Canadian Spouse? Travel to Canada During COVID-19 By now, you are probably aware that Canada like most other countries has implemented stringent travel restrictions on travellers to Canada in the...

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What can I get ticketed for during the COVID-19 State of Emergency in Ontario?

Posted on April 30, 2020 by Author David M. Schell

This blog is co-written by our former articling student, Janet Son.  There is a growing list of Orders-in-Council being made under the Emergency Management and Civil Protection Act (“EMCPA”), which provides the...

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What to Expect With Your Family Law Matter After COVID-19

Posted on April 29, 2020 by Author Andreina Minicozzi

Andreina Minicozzi and Devry Smith Frank LLP are committed to following the guidelines and recommendations outlined by the Public Health Agency of Canada to ensure the safety and wellbeing of employees, colleagues, clients, friends, and families....

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Temporary Foreign Workers can enter Canada amidst COVID-19 Travel Restrictions

Posted on April 28, 2020 by Author Maya Krishnaratne

This blog is co-written by our former articling student, Janet Son. The Federal Government announced changes to the travel restrictions as they apply to Temporary Foreign Workers (“TFW”) with some...

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How is COVID-19 affecting child and spousal support in Ontario?

Posted on April 27, 2020 by Author Andreina Minicozzi

The coronavirus pandemic has brought far-reaching economic shock waves across the country. Over one million jobs have been lost in Canada due to COVID-19 in the month of March alone. As this...

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Bringing Motions During COVID-19 in Family Law

Posted on April 23, 2020 by Author Andreina Minicozzi

Andreina Minicozzi and Devry Smith Frank LLP are committed to following the guidelines and recommendations outlined by the Public Health Agency of Canada to ensure the safety and wellbeing of employees, colleagues, clients, friends, and families....

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Questions Your Landlord Should Not Ask You

Posted on April 22, 2020 by Author Robert P. Adourian

As a tenant you have rights including the right to privacy and the right to notice upon a landlord’s entry into your premise. As a renter, you should be aware...

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The CERB criteria has expanded: Am I eligible?

Posted on April 20, 2020 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Janet Son.   On April 15, 2020, the federal government announced the expanded eligibility criteria for the Canada Emergency Response Benefit (“CERB”), upon mounting criticism that many...

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How to Deal With Domestic Violence and Child Abuse During COVID-19

Posted on April 20, 2020 by Author Andreina Minicozzi

This blog is co-written by our former articling student, Janet Son. This pandemic has brought the surge of another life or death danger: women and children who are forced to...

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Force Majeure in the COVID-19 era. Can it save your business?

Posted on April 17, 2020 by Author Miriam Tepperman

This blog is co-written by our former articling student, Linda Noorafkan.   In these unprecedented times of COVID-19, business owners are facing unprecedented hardship and economic losses. Contractually, how a...

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COVID-19 - Employer and Employee Frequently Asked Questions

Posted on April 15, 2020 by Author Marty Rabinovitch

Employers Can my company screen its employees for COVID-19 prior to permitting them to enter the workplace, such as by asking them if they have symptoms, or by subjecting them...

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“COVID-19 cases are on the rise in Ontario. Do I really have to facilitate my ex’s access time with our kids?”

Posted on April 13, 2020 by Author Katelyn Bell and John P. Schuman

The amount of COVID-19 cases in Ontario continues to increase. As of April 10th , there are more than 6,200 confirmed cases of the coronavirus in the Province, with the...

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MOVING CANNABIS: The Canadian Perspective

Posted on April 08, 2020 by Author Miriam Tepperman

This blog is co-written by our former articling student, Janet Son. On October 17, 2018 Cannabis became legal in Canada. The federal Cannabis Act[1] sets out the terms and conditions, which are...

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Canadian Immigration Status during COVID-19 pandemic

Posted on April 03, 2020 by Author Maya Krishnaratne

This blog is co-written by our former articling student, Janet Son. Information regarding the status of flights, border closures and visas is changing by the hour during this pandemic. When...

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CBSA Watchdog with No Teeth?

Posted on March 20, 2020 by Author Maya Krishnaratne

A report commissioned by Public Safety Canada came to light earlier this year, urging the government to put in place an independent body to review complaints against and make recommendations...

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The Canada Labour Code & Employer Releases

Posted on March 19, 2020 by Author Elyse Mallins

THE REMEDY The Canada Labour Code applies to employees working in companies which are governed by federal law, as opposed to provincial law. This includes industries such as public broadcasting, railroads, trucking...

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Do I still have to let my kids travel with my ex for March Break amid COVID-19?

Posted on March 13, 2020 by Author Katelyn Bell

We are all aware of the current COVID-19 pandemic. Yesterday, the Ontario Government announced the closure of all publicly funded schools for two weeks following March Break, which is set...

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5 Tips to Keep in Mind When Buying your First Home or Condo

Posted on March 11, 2020 by Author Louis A. Gasbarre

Congratulations, you have decided to purchase your first home. Although this milestone can be very exciting, the home-buying process can also be a daunting experience. Mapping out the journey beforehand...

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Pending Immigration Application? Don’t Delay Biometrics Collection

Posted on March 06, 2020 by Author Maya Krishnaratne

As part of most work/study permits and visitor visa applications, applicants are required to give biometrics. Biometrics consist of the collection of fingerprints and a photo at a Canadian visa...

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17 year old, Driven to Therapy Without Parents’ Consent

Posted on March 03, 2020 by Author John P. Schuman

A 17-year-old High school student was driven to therapy appointments by the school chaplain without parents’ permission. Is this even legal? This question touches on a lot of rights of...

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Maximizing the Benefit of a Post-graduate Work Permit

Posted on February 25, 2020 by Author Maya Krishnaratne

Often international students come to Canada with plans to make Canada their home after graduation. For many, this is a very real option. Students graduating from qualifying Designated Learning Institutes...

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What Effect Will My Social Media Presence Have on My Personal Injury Claim?

Posted on February 21, 2020 by Author Marc G. Spivak

A large percentage of the world’s population now uses social media – whether we are sharing, tweeting or simply just spectating, this fast-growing phenomenon is becoming increasingly popular and in...

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Can I Form My Own Union?

Posted on February 10, 2020 by Author Elyse Mallins

Any group of eligible workers in Ontario can form a union. If 40% of the membership signs union membership cards, the Ontario Labour Relations Board will hold a vote to...

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What the Coronavirus Means for Canadian Employers

Posted on February 06, 2020 by Author Marty Rabinovitch

Over the past several weeks, news of the Novel Coronavirus (2019-nCoV or Coronavirus) has dominated our newsfeeds with 208 cases in Ontario at the time of writing, 102 of which...

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Prince Harry and Meghan Markle as Canadian citizens? It’s harder than it sounds

Posted on January 31, 2020 by Author Maya Krishnaratne

This blog is co-written by our former articling student, Linda Noorafkan. Prince Harry and Meghan Markle have decided that they will live in Canada on a part-time basis with their...

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Resignation & Notice Periods: What is Required?

Posted on January 29, 2020 by Author Elyse Mallins

THE BASICS Many readers will be surprised to learn that the obligation to give notice of termination of employment is two-sided. The requirement that an employer give advance notice to...

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How Do I Convince a Family Court Judge That My Ex-spouse Is Incapable of Being a Good Parent?

Posted on January 28, 2020 by Author John P. Schuman

Differential parenting styles can have a negative effect on the family and is a frequent cause of separation or divorce. With that being said, concerns about the changes in a...

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How Do I Obtain a Copyright?

Posted on January 08, 2020 by Author Frank Shostack

INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual property is a dynamic area of law that continues to be at the forefront of innovation, and continues to develop. Intellectual property is the legal...

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How Do I Obtain Intellectual Property Rights?

Posted on December 30, 2019 by Author Frank Shostack

INTRODUCTION TO INTELLECTUAL PROPERTY Intellectual property is a dynamic area of law that continues to be at the forefront of innovation, and continues to develop. Intellectual property is the legal...

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What happens when ex-spouses have opposing views on whether or not to vaccinate their children?

Posted on December 20, 2019 by Author Frank Shostack

This polarizing issue has become the subject of significant media coverage as anti-vaccine groups are becoming increasingly vocal. One father even launched a GoFundMe campaign in order to appeal an...

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The Baby Boom Shift: The Impact of An Aging Workforce, the Projected Big Business Transfers and the Millennial Changeover

Posted on December 18, 2019 by Author Elisabeth Colson

The baby-boomer generation (those born between 1946 and 1964) represents a significant share of the Canadian population.  While many within this category are opting to continue working well into what...

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Our Child Has Come to Live with Me, How Do I Stop My Child Support Payments to My Ex?

Posted on December 12, 2019 by Author John P. Schuman

Child support payments are based on where the child actually lives, not where a Court Order or Separation Agreement says that they are living, or should be living. Since child...

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More Changes to the Construction Lien Act Are Coming in 2019

Posted on December 06, 2019 by Author Christopher W. Statham and Michelle Cook

Ontario's new Construction Lien Amendment Act (the "Act") has significantly overhauled Ontario’s construction law rules. While the first set of the amendments have already come into force (see our previous...

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When Does Negligence Become Criminal?

Posted on November 28, 2019 by Author David M. Schell

The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life. The broader offence of criminal negligence...

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Ontario Has a New Construction Act: What You Need to Know About the Transition Period

Posted on November 27, 2019 by Author Christopher W. Statham and Michelle Cook

On July 1, 2018, the first set of changes under Ontario’s Construction Lien Amendment Act (the "Act") came into force. This Act overhauls Ontario's construction regulatory framework. Not only should...

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Can I Still Claim my Bonus even though I was Wrongfully Dismissed?

Posted on November 21, 2019 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Janet Son.   In Andros v Colliers Macauley Nicolls Inc, the Ontario Court of Appeal recently addressed the issue of whether a...

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Do I Have to Give Half Our House to My Ex-Spouse Even Though I Paid for it Myself?

Posted on November 19, 2019 by Author Katelyn Bell

This blog is co-written by our former articling student, Janet Son.   With the rising costs of housing in the GTA, the question of what happens to property after divorce...

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Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679

Posted on November 15, 2019 by Author Marty Rabinovitch

In the case of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the interpretation of the employment contract governing the employee-employer relationship, was at issue. The specific contentions arose...

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Employer Required to Cover Long-Term Disability for Employees Over Age 65

Posted on November 05, 2019 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Linda Noorafkan.   On November 19, 2018, an Ontario arbitrator determined that a hospital employer was required to continue paying 75%...

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Fired because of Race? Consider a Human Rights Claim

Posted on October 31, 2019 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Linda Noorafkan.   In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”)...

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Denial of Employee Benefits to Working Seniors: A Charter Violation

Posted on October 29, 2019 by Author Marty Rabinovitch

This blog is co-written by our former articling student, Linda Noorafkan. On May 18, 2018, the Human Rights Tribunal of Ontario (the “Tribunal”) rendered its decision with respect to the...

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What is the Student Direct Stream Program? How do I qualify for it?

Posted on October 24, 2019 by Author Maya Krishnaratne

Canadian colleges and universities attract thousands of foreign students from across the globe each year. In response to the growing demand for studying in Canada, “Immigration, Refugees and Citizenship Canada”...

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How are "deals" made on "Shark Tank" and "Dragon's Den" valued when it comes to family law?

Posted on October 22, 2019 by Author Katelyn Bell

This blog is co-written by our former articling student, Janet Son. The public got a behind the scenes look at how the deals made on reality television shows “Shark Tank”...

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I’m Interested in Purchasing My First Property. What Are Some of The Common Reasons Real Estate Deals Fall Through?

Posted on September 27, 2019 by Author Jennifer M. Hetherington

The process of buying your first home can be both an exciting and overwhelming experience. Often, it is the largest investment a person will make in their lifetime and a...

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The Home Inspectors Act to Provide more Protection for Homebuyers

Posted on September 27, 2019 by Author Jennifer M. Hetherington

This blog is co-written by our former articling student, Janet Son. The weather is cooling down but the Toronto housing market saw double digit growth this past month. During the frenzy of...

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Novel Issues Raised by Transgender Human Rights Complaints

Posted on September 12, 2019 by Author Marty Rabinovitch

A recent human rights complaint against several salons in Vancouver, British Columbia sheds new light on the relationship between human rights law and persons who identify as transgender. DISCRIMINATION AGAINST...

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Can My Employer Dismiss Me Due to My Unseen Disability?

Posted on September 10, 2019 by Author Marty Rabinovitch

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground...

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After the Family Court Changes a Final Order, is the Original Order Still Enforceable?

Posted on September 05, 2019 by Author John P. Schuman

Family Law is all about changing family dynamics. Families do not stop changing just because a court makes a final order. Parenting arrangements and child support are particularly prone to...

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What if your spouse shortchanges you in their will?

Posted on August 29, 2019 by Author Ashley Doidge

If you are unhappy with the amount your spouse left you in their will, you may have some legal options, for example: Option 1: Instead of taking under the will consider...

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Can Behaviours Associated with a Sex Addiction Merit Employee Dismissal?

Posted on August 27, 2019 by Author Marty Rabinovitch

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have a medically diagnosed sex addiction where behaviours associated with such an addiction...

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What is a Continuing Power of Attorney for Property?

Posted on August 22, 2019 by Author Ashley Doidge

A Continuing Power of Attorney for Property is a legal document in which you can appoint a person or persons to act on your behalf (called an “Attorney”) with respect...

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Could a Gift Card Compensate for a Minor Human Rights Tribunal complaint?

Posted on August 20, 2019 by Author Marty Rabinovitch

A recent British Columbia Human Rights Tribunal decision has struck down a human rights complaint by a supermarket customer on the grounds that she was already compensated by the store for her...

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How Canada’s Privacy Legislation Affects the Use of Third Party Information and Payment Processors

Posted on August 15, 2019 by Author Steven Huryn

Businesses often use third party entities to process customer information or transactions and to then relay portions of that information back to the business.  Businesses using third parties in this...

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Thinking of Getting Married? Maybe You Should Consider A Marriage Contract

Posted on August 13, 2019 by Author Ashley Doidge

There is more to marriage than just a party with a DJ and catered food. Getting married is a serious legal undertaking which involves significant financial consequences. I realize that...

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Avoiding Guardianship Litigation with Carefully Considered Powers of Attorney

Posted on August 06, 2019 by Author Ashley Doidge

With Canada’s ageing population, there has been an increase in disputes within families about who should be making personal and financial decisions on behalf of incapable members of the family....

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What happens when a party to a real estate transaction fails to close?

Posted on August 02, 2019 by Author Christopher W. Statham and Steven Huryn

The Agreement of Purchase and Sale (APS) has been signed and any conditions waived or fulfilled. All that remains is for the closing itself to take place. What happens when...

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7 Estate Planning Tips For Spouses

Posted on July 30, 2019 by Author Ashley Doidge

Estate planning is inarguably one of the most important things you can do for yourself and your family. Not only can estate planning legally protect your spouse and assets, it...

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Arbitration Clauses in Employment Agreements: New Developments

Posted on July 25, 2019 by Author Marty Rabinovitch

Two recent Ontario court decisions suggest that arbitration clauses requiring employees in employment agreements to submit certain employment actions to arbitration may be unenforceable. In a recent Ontario Court of...

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Denied a Job Due to Lack of Canadian Work Eligibility? You May Have Been Discriminated Against

Posted on July 23, 2019 by Author Marty Rabinovitch

If you have recently been denied a job due to a lack of proof of permanent eligibility to work in Canada, you may be entitled to compensation under Ontario human rights...

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Failing to Abide by Confidentiality Provisions in a Settlement Agreement Can Cost You Your Settlement Payment

Posted on July 18, 2019 by Author Marty Rabinovitch

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) [“Acadia”] emphasizes the importance of abiding...

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The House I Recently Purchased Was Used to Manufacture Illegal Substances: What Now?

Posted on July 09, 2019 by Author Jennifer M. Hetherington

You’ve just signed an agreement of purchase and sale, and you’ve discovered that drugs were illegally manufactured on the property years before the seller bought it. Can you get your...

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An Illness/Injury Has Made It Unable to Return to Work: What Can I Do?

Posted on July 04, 2019 by Author Marty Rabinovitch

If an injury or illness has resulted in there being no reasonable likelihood that you will be able to return to work within the foreseeable future, you may be entitled...

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Does every home purchase and sale in Ontario require a lawyer?

Posted on July 02, 2019 by Author Jennifer M. Hetherington and Steven Huryn

Parties to a real estate Agreement of Purchase and Sale occasionally ask whether they actually need a lawyer to close the deal. The answer to that question is a resounding...

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Buying a Condo? Make Sure You Review the Status Certificate Before Making a Firm Offer

Posted on June 27, 2019 by Author Robert P. Adourian and Steven Huryn

The past decade has seen a considerable increase in the number of condominium developments in Southern Ontario. As the population continues to grow, condos are a great way to efficiently...

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My child has been suspended from school. Do I have the right to appeal this decision?

Posted on June 25, 2019 by Author John P. Schuman

In Canada, a child’s right to receive an education is an important one. As a result, children both in private and publicly funded schools are entitled to have any allegations put forth against them, fairly and impartially investigated....

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What Is an Educational Credential Assessment Report and How Do I Obtain One?

Posted on June 18, 2019 by Author Maya Krishnaratne

An Educational Credential Assessment, or an ECA report, is required by Immigration, Refugees and Citizenship Canada (IRCC) to assess one’s international academic credentials obtained from outside of Canada. The main...

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Medical Marijuana: Limits to Consumption in Unionized Workplaces

Posted on June 14, 2019 by Author Marty Rabinovitch

A recent labour arbitration decision from Saskatchewan has framed what might be the boundaries around workplace consumption of medical marijuana. In Kindersley (Town) v Canadian Union of Public Employees, Local...

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Buying or Selling a Resale Home? What You Need to Know About the Disclosure of Defects

Posted on June 05, 2019 by Author Robert P. Adourian and Steven Huryn

You have recently closed the deal on what you thought was your perfect dream home. After moving in you discover that the house is in need of many more significant...

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Medical Marijuana: Limits to Consumption in Unionized Workplaces

Posted on June 05, 2019 by Author Marty Rabinovitch

A recent labour arbitration decision from Saskatchewan has framed what might be the boundaries around workplace consumption of medical marijuana. In Kindersley (Town) v Canadian Union of Public Employees, Local...

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My Uber was involved in a collision and I was injured – Can I be compensated for my injuries?

Posted on May 31, 2019 by Author Marc G. Spivak

In recent years, ride-hailing services have become increasingly popular and the demand appears to continue to rise. In densely populated cities such as Toronto and in the GTA in general,...

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My estranged wife is denying me access to our baby. She refuses to communicate with me and I am yet to meet our new-born child. Is there something I can do?

Posted on May 28, 2019 by Author John P. Schuman

Ontario Family Court judges generally have a very dim impression of parents, mothers or fathers, who deny their children the opportunity to have a relationship with both parents.  Section 16(10)...

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Bill 66: Changes to the Employment Standards and Labour Relations Acts

Posted on May 24, 2019 by Author Marty Rabinovitch

Bill 66, which received royal assent on April 3rd, 2019, changes the Employment Standards Act, 2000 (ESA) and the Labour Relations Act (LRA). Workplaces that are covered by the ESA...

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I’ve been accepted to a Canadian university and have a study permit; can I work while studying in Canada?

Posted on May 22, 2019 by Author Maya Krishnaratne

Foreign nationals need authorization from the Canadian government to work. For international students, work experience can help a great deal in being exposed to the Canadian job market, earning extra...

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My ex-spouse refuses to amend the schedule and allow me to take our child on vacation. What can I do?

Posted on May 17, 2019 by Author John P. Schuman

Taking the children away on a vacation is a frequent source of conflict after separation, and is the subject of many Family Court motions. The non-travelling parent may be jealous,...

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Bill C-86: What it Means for Your CBCA Corporation

Posted on May 09, 2019 by Author Elisabeth Colson

Bill C-86 institutes a long list of amendments to several Federal statutes, including the Canada Business Corporations Act (“CBCA”), and officially comes into force on June 13th, 2019.  What does...

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Erase Every ‘Shall’?

Posted on April 30, 2019 by Author Elisabeth Colson

In many English speaking jurisdictions, the term “shall” is deemed to be somewhat ambiguous for the simple reason that it appears to make reference to discretion rather than obligation. In...

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I Fell at My Local Supermarket. Can I be Compensated?

Posted on April 25, 2019 by Author Marc G. Spivak

The vast majority of us are familiar with the term ‘personal injury’, a phrase usually associated with a claim based on the negligence or misconduct of a person or organisation,...

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Setting Aside Orders in Family Court

Posted on April 16, 2019 by Author Mason Morningstar

For various reasons, family law litigants may fail to participate in their court proceedings, placing them at risk of being “noted in default”. The court may then make “uncontested” orders...

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What happens if I default on my Mortgage?

Posted on April 12, 2019 by Author Robert P. Adourian

A mortgage on your home will most likely be the most significant debt you will incur in your lifetime. A commitment in which you will be obligated to pay for...

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How Can I Obtain Custody of the Family Pet in My Divorce? – My Soon to be ex-husband is Keeping My Pet Away From Me

Posted on March 27, 2019 by Author John P. Schuman

Under Ontario's current Family Law Legislation, pets, of any sort, are not treated like children they are, for all purposes of law "property", like furniture, cars or bank accounts.  So,...

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Changes to Impaired Driving Laws

Posted on March 19, 2019 by Author David M. Schell

In 2018, Bill C- 46 was passed and with it came significant changes to impaired driving laws in Canada.  Bill C-46 repealed sections 249 to 261 of the Criminal Code...

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I Want to move Provinces However, I am Aware That I’d Need the Permission of My Child’s Father to Do So. But, can My Child’s Father Move Without My Permission?

Posted on March 13, 2019 by Author John P. Schuman

If you, as a primary parent, want to move, you would need your ex's permission because naturally,  moving will interfere with him parenting your son.  However, if he moves, then...

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What Does The Court Decision On the Repeal Of The Sexual Education Curriculum Mean?

Posted on March 06, 2019 by Author John P. Schuman

On February 28, 2019, the Ontario Divisional Court released its decision on the constitutional challenge to the provinces repeal of the 2015 Sexual Education Curriculum brought by the English Public Teachers Union...

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I Owned the Home Before We Married – Why Does My Spouse Get a Share of It?

Posted on March 05, 2019 by Author John P. Schuman and Katelyn Bell

We are all familiar with the skyrocketing price of homes in Toronto and the surrounding area. It is not a simple feat to purchase a home – it requires a...

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Is it Illegal For A Teacher To Secretly Film Their Students’ Cleavage?

Posted on February 26, 2019 by Author John P. Schuman and Katelyn Bell

Most, if not all, of us can likely agree that it is wrong to film someone without their consent. We can also probably agree that it is even more wrong...

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Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis?

Posted on February 22, 2019 by Author David M. Schell

The answer to the above question is really dependent on how someone obtains their cannabis and what one then does with their legal cannabis. Bill C-45 has now become law...

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What The Death of Riya Rajkumar Means For Family Law Custody Cases

Posted on February 15, 2019 by Author John P. Schuman

Millions of people were startled late last night to when the emergency tones went off for the Amber Alert for Riya Rajkumar, only to learn, minutes later, that she had...

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Is There Such A Thing As “Spousal Abandonment” in Canada?

Posted on February 14, 2019 by Author John P. Schuman and Katelyn Bell

What happens if your spouse just ups and leaves?  Can you press charges? Is there an automatic right to divorce?A reader recently posed these questions. Simply put, the answer is...

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What Are the Consequences of Filing a False Police Report In Canada?

Posted on February 11, 2019 by Author David M. Schell

By now we have all been subjected to the tragic details of television star Jussie Smollett’s alleged attack in Chicago earlier this year. When the news broke initially, it seemed...

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When Can I Stop Paying Child Support?

Posted on February 08, 2019 by Author Mason Morningstar

Many payer parents in Ontario mistakenly assume that child support automatically ends when their child turns 18. The law, however, says otherwise. The basic premise of child support is to...

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I Have Children From a Previous Relationship. I’ve Since Remarried and Have Children with My Current Wife. How is Child Support Calculated for My Eldest children?

Posted on January 31, 2019 by Author John P. Schuman

In recent years, it has become more commonplace to see “complex” families where one (or more parents) have children with several other parents or is a step-parent to children in...

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I’m preparing to Close on My Residential Mortgage. What Identification Will I Need?

Posted on January 18, 2019 by Author Robert P. Adourian

Buying a home is possibly one of the most significant and costly purchases in one’s lifetime. Finding that picture – perfect home and probably feeling, to some extent, a little...

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Identification Requirements for Real Estate Transactions

Posted on January 18, 2019 by Author Robert P. Adourian and Louis A. Gasbarre

An important part of preparing for a real estate transaction is making sure that you have sufficient identification documents to satisfy the requirements of your realtor, lawyer and mortgage lender....

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Spousal Support and Early Retirement - Is it a Material Change in Circumstances and/or Can Spousal Support End in the Event of Early Retirement?

Posted on January 08, 2019 by Author Andreina Minicozzi

Spousal support, sometimes referred to as maintenance or alimony, are funds that are paid to one spouse to another upon separation or divorce. There are various reasons as to why...

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Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users?

Posted on December 27, 2018 by Author Marc G. Spivak

In a recent blog post, we discussed the legalities surrounding the operation of motor vehicles while impaired by alcohol or drugs, under the Criminal Code of Canada.  Accompanying the fairly...

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I’m Getting a Divorce, What Are My Rights to the Family Business?

Posted on December 20, 2018 by Author Marc G. Spivak

When divorce is contemplated by either one or both spouses, often it is time to start thinking about the division of assets. This could include the matrimonial home, financial accounts,...

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I Have Been Assaulted, Can I Claim Compensation for Personal Injury Arising From This Assault?

Posted on December 13, 2018 by Author Marc G. Spivak

In Canada, reasonable expectation of personal safety is enforced criminally and civilly and in a previous post we already described the implications associated with dishonest sexual assault accusations, defamation of...

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Common Law Couples: Exclusive Possession of The Home

Posted on December 11, 2018 by Author Mason Morningstar

More than ever, unmarried (or “common law”) couples are living in conjugal relationships that are indistinguishable from marriage. Many of these couples will be surprised to learn that, in Ontario,...

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The Original Will Has Been Misplaced or Destroyed – What Options Do I Have?

Posted on December 04, 2018 by Author Robert P. Adourian

We have recently looked at the validity of a Will when the uncertainty of the testator’s wishes are apparent. Especially in the instance whereby the testator has more than one...

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I Want a Divorce - What Are The Steps In Getting a Divorce in Ontario?

Posted on November 23, 2018 by Author Mason Morningstar

Until married couples obtain a divorce, the law still considers them to be married, even if they are living separate and apart. This may have implications on spouses’ estates rights,...

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I have Relocated to Canada – Can My Parents and Grandparents Come With Me?

Posted on November 10, 2018 by Author Maya Krishnaratne

Emigrating to another country can sometimes be a very lengthy and daunting process. Often families are forced to temporarily leave their loved ones behind and set up home in a...

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Common Law Couples: What Happens to Our Jointly Owned Home After Separation?

Posted on November 08, 2018 by Author Mason Morningstar

The definition of “common law” couples differs depending on which legal rights are in question, and it is possible to be considered “common law” in one context, but not another....

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Update: “Taking the High Road” – Crossing the Canada/US Border following the Legalization of Cannabis

Posted on October 23, 2018 by Author Mason Morningstar

In our previous blog post, we discussed the serious implications of cannabis affiliation at the U.S. Border. With the very recent legalization of cannabis, this topic has also made headlines....

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Cannabis: Legislation passed For Legalization - But What Happens Next?

Posted on October 20, 2018 by Author David M. Schell

On October 17, 2018, the historic formation of a new industry was birthed and the decriminalization of cannabis and its recreational use was finally introduced. A day whereby some thought...

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Canadian Courts and Mahr Agreements – Can My Mahr Agreement be enforced?

Posted on October 20, 2018 by Author David M. Schell

We have discussed the topic of divorce in a previous blog post, however at Devry Smith Frank LLP, we are aware that typically, traditions vary in different cultures. In particular,...

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Employment Bill 148 is Being Scrapped…But Which Parts Are Uncertain

Posted on October 10, 2018 by Author Marty Rabinovitch and Michelle Cook

Last week Doug Ford announced that he was halting the implementation of a $15 per hour minimum wage in Ontario but it looks like he is seeking to additionally roll...

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Is Your Will Still Valid After A Recent Ontario Ruling?

Posted on October 02, 2018 by Author Marty Rabinovitch and Michelle Cook

A recent decision stemming from the Ontario Superior Court of Justice is likely to have far-reaching implications on wills across the Province, and your will could be one of them....

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Ontario’s New Standard Lease Agreement Starting April 30, 2018

Posted on September 07, 2018 by Author Cayley A. Rodd

Padmapper released a rent report earlier this year showing Barrie as the third most expensive city in Canada to rent a two bedroom ($1,650/month), and the fifth most expensive for...

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Supreme Court Refuses Leave to Appeal: Toronto Real Estate Agents Must Publish Data

Posted on August 30, 2018 by Author Larry W. Keown and Katelyn Bell

On Thursday, August 23 2018, the Supreme Court of Canada (SCC) declined to hear an appeal that has been over seven years in the making. For the last seven years,...

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Taking the High Road: Canadians Crossing the US Border

Posted on August 21, 2018 by Author Larry W. Keown and Katelyn Bell

Many of our readers may be pleased about the soon-to-be legalization of marijuana. These same readers may find themselves feeling slightly relieved, as gone are the days where smoking pot...

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Settlement Judgement May Not Be The End of Legal Battles for Clarinetist

Posted on July 20, 2018 by Author Maya Krishnaratne

In a shocking decision, rising star clarinetist Eric Abramovitz was awarded $375,000 in a default judgment against his ex-girlfriend Jennifer Lee. Mr. Abramovitz was offered a full scholarship to study...

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Trinity Western Decision

Posted on July 05, 2018 by Author Maya Krishnaratne

The Supreme Court of Canada has rendered a decision that is an important victory for the promotion of equality, diversity and access to justice in Canada. On June 15, 2018,...

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Cannabis and the Workplace

Posted on June 11, 2018 by Author Maya Krishnaratne

Canada’s proposed Bill C-45, The Cannabis Act, is expected to come into force on July 1, 2018, as will Ontario's Cannabis Act, 2017.  At that point, in Ontario, it will...

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The Family Rules are Changing on July 1, 2018 and Lawyers and Litigants Should Take Note

Posted on June 07, 2018 by Author Maya Krishnaratne

Come July 1, 2018, the Family Law Rules (the rules that govern the process of family law court cases in Ontario) will undergo some substantial changes. Changes have been made...

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Canada to Get Its First Major Update to the Divorce Act in Twenty Years

Posted on May 23, 2018 by Author Maya Krishnaratne

On May 22, 2018, the federal government introduced Bill C-78, An Act to Amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and...

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Legal Grounds For Will Challenges

Posted on May 16, 2018 by Author Justin R. Winch

The loss of a loved one can be a devastating and overwhelming experience. While mourning a loss, you may find yourself scrambling to ensure that all of your family’s affairs...

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Part 1: The Construction Act - Proposed Changes to the Construction Lien Act

Posted on May 09, 2018 by Author Adam V. Grossi and Christopher W. Statham

Part 1: The Construction Act - Proposed Changes to the Construction Lien Act This is Part 1 of a continuing blog series on the proposed changes to the Construction Lien...

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When Does an Executor Pass their Accounts?

Posted on April 16, 2018 by Author Justin R. Winch

A passing of accounts is essentially an estate audit.  Much like the CRA can pour over your tax returns with a fine tooth comb, a beneficiary, and later a judge,...

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Criminal Record vs. Police Records

Posted on March 19, 2018 by Author David M. Schell

Those who first come into contact with the criminal justice system often want to know – will I end up having a criminal record?  The typical answer has been that...

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Introduction of Cannabis Lounges: Good for Users?

Posted on March 08, 2018 by Author David M. Schell

Cannabis Consumption in Ontario Under the current proposed regulations, the Ontario Government intends to control and operate the sale of marijuana.  The  Liquor Control Board of Ontario will operate approximately...

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Changing Weekend Visitation

Posted on February 16, 2018 by Author John P. Schuman

Family Lawyer John Schuman was asked the following question: My ex wants to keep my daughter this weekend and it is my weekend. I live in Ontario and this is...

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Landlords Want to Ban Pot in Rentals

Posted on February 07, 2018 by Author John P. Schuman

Some residential landlords want to be able to ban the use of marijuana smoking in rental units when recreational use is legalized. Currently, the Residential Tenancies Act does not include...

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Concerns with Canada's Plan for Marijuana Regulation

Posted on February 06, 2018 by Author John P. Schuman

Canada’s approach to cannabis regulation has some people worrying. The federal government's resources for guidance in developing the existing regulations including those regarding control by the federal and provincial governments,...

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What Happens When Your Child's School Registration Form Contains False Custody Information?

Posted on January 31, 2018 by Author John P. Schuman

Family and Education lawyer John Schuman was asked the following question: What are the legal penalties for someone who has filled out an Ontario elementary school registration form with false...

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Failure to Contact Interpreter Critical in Decision to Set Aside Over 80 Conviction

Posted on January 29, 2018 by Author David M. Schell

In the recent case of R. v. John, a summary conviction appeal court set aside a conviction for Over 80 as a result of the police not contacting an interpreter...

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Can My Parents Take A Condo From Me That They Purchased Under My Name?

Posted on January 19, 2018 by Author John P. Schuman

Family Lawyer John Schuman was asked the following question: My parents purchased a condo under my name, is there a way for them to legally take the condo back? I...

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UPDATE: “Crane Girl” Granted Absolute Discharge

Posted on January 11, 2018 by Author John P. Schuman

If you remember “Crane Girl”, an adventure-seeking woman by the name of Marisa Lazo who scaled a crane in April last year, you may have noticed she is in the...

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Personal Growth and Use Limitations

Posted on January 09, 2018 by Author John P. Schuman

The Cannabis Act, once in force, prescribes a number of limitations regarding the personal cultivation and consumption of marijuana in Canada.  For example, the Act permits anyone over the age...

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Tim Hortons Franchises Reduce Employee Benefits

Posted on January 08, 2018 by Author Justin R. Winch

The news has been filled with stories about certain Tim Hortons franchises reducing employee benefits and no longer paying employees for their breaks. What these franchises have done is a...

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New laws to take effect this year

Posted on January 05, 2018 by Author Justin R. Winch

Over the last half of 2017 there was a flood of information on what was going to take effect in 2018 and how we are to prepare for it all, taking...

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Public Schools Cannot Just “Kick Kids Out” – They Must Have A Full Expulsion Hearing

Posted on January 03, 2018 by Author John P. Schuman

It may seem obvious, but School Principals cannot expel students without actually expelling them. In Ontario, allowing children access to a publicly funded education is a fundamental value. Children should...

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Uber Data Breach Affecting 815,000 Canadians, Investigation Launched

Posted on January 03, 2018 by Author Frank Shostack

As much of the world has heard, Uber has had a data breach that affected people worldwide. Now, after several demands from a number of levels of  Canadian governments, Uber...

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Fair Insurance Act

Posted on December 19, 2017 by Author Marc G. Spivak

The Ontario Liberal government, just prior to an election, claims it has again decided to address high automobile insurance premiums (but ignores the negative effect of these changes on victims...

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Facts about Bill C-45, Canada’s Proposed New Cannabis Act – Still More Questions than Answers?

Posted on December 13, 2017 by Author Marc G. Spivak

Bill C-45 (An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts), also known as Canada’s proposed Cannabis Act, recently passed...

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National Housing Strategy

Posted on December 12, 2017 by Author Marc G. Spivak

On Wednesday, November 23, Justin Trudeau announced the federal government’s 10 year national housing strategy. The federal housing strategy is aimed at ensuring that Canadians have access to affordable homes....

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Postal Code Project – CRA Targets Wealthy Canadians

Posted on December 05, 2017 by Author Marc G. Spivak

Canada’s wealthiest individuals have been put under a microscope. The Canada Revenue Agency (CRA) has launched a project dubbed the “Postal Code Project” that is targeting taxpayers residing in affluent...

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The Importance of Shareholder Agreements

Posted on December 01, 2017 by Author Frank Shostack

Any business that has two or more shareholders or equity investors should seriously consider having a shareholder agreement to protect not only the shareholders but also the business itself.  Too...

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Cracking Down on the Issue of Parental Alienation

Posted on November 30, 2017 by Author Frank Shostack

In the UK, parents who are going through a separation or divorce could potentially be denied contact with their children if they try to turn them against their former spouse...

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Third Party Litigation Funding: Where is it in Canada?

Posted on November 29, 2017 by Author Marc G. Spivak

Third-party litigation financing presently plays a role in class actions and personal injury cases in Canada. After the event (ATE) insurance is increasingly common for plaintiffs to obtain in pursuing...

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An Increase In Lots May Lead To An Increase In Opposition

Posted on November 28, 2017 by Author Marc G. Spivak

In the City of Toronto, consent applications are required for a variety of reasons, however, one of the most common ones is to divide the land into multiple lots.  Depending...

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“Defence of Others” Raised In Fatal Hit And Run Case

Posted on November 23, 2017 by Author David M. Schell

After a number of court appearances there has been a major development in the case involving a man who claims he ran over someone to save a woman’s life. On...

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Proposed Change to Ontario’s Family Law Act affecting Adult Children with Disabilities

Posted on November 21, 2017 by Author David M. Schell

Ontario has recently introduced an amendment to the provincial Family Law Act that aims to make all adult children with disabilities, regardless of the martial status of their parents, eligible...

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Proving Damages: Mental Injury is no different from Physical Injury

Posted on November 21, 2017 by Author Marc G. Spivak

In a decision released this summer, the Supreme Court of Canada has clarified that a psychiatric diagnosis is not required to find damages for mental illness. Recognition of mental injury...

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CRA Targeting Tax Avoiders Through Online & Mobile Payment Companies

Posted on November 20, 2017 by Author Marc G. Spivak

Two online payment companies that operate within Canada have been ordered to turn over information about their account holders to the Canada Revenue Agency (CRA). On November 10, 2017, PayPal...

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Is There a Constitutionally-Protected Freedom to Not Associate?

Posted on November 17, 2017 by Author Marc G. Spivak

Unless specific circumstances have been met in a criminal case, or the case in question is a Reference, appeals are heard by the Supreme Court only if leave to appeal...

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Condominium Disputes

Posted on November 15, 2017 by Author Marc G. Spivak

Condominium Law Reforms The tools for resolving disputes under the Condominium Act, 1998 (the “Condo Act”) were mandatory private mediation-arbitration and the courts. The mechanisms provided for under the Condo...

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The Paradise Papers: The Risks of Offshore Tax Havens

Posted on November 13, 2017 by Author Marc G. Spivak

On November 5, 2017, another leak of offshore tax haven information, dubbed the “Paradise Papers”, was disclosed by the International Consortium of Investigative Journalists (ICIJ). As a result of the...

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CRA Investigating “Shadow Flipping” of Toronto Condos

Posted on November 06, 2017 by Author Marc G. Spivak

Due to the booming real estate market in Canada over the past year, the Canada Revenue Agency (“CRA”) is scrutinizing the practice of “shadow flipping” or “assignment sales”.  This is...

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Winter Driving Warning! From Personal Injury Lawyer Marc Spivak

Posted on November 02, 2017 by Author Marc G. Spivak

Winter is around the corner. Make sure your vehicle is prepared for possible winter driving disasters. Winter brings low visibility and treacherous roads. Combine that with young and inexperienced drivers,...

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Increase in Self-represented Litigants Increases Issues

Posted on October 25, 2017 by Author Marc G. Spivak

Recent news stories have been buzzing about the implications of Dellen Millard, the person accused of murdering Laura Babcock some years ago, foregoing counsel and choosing to act as a...

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UPDATE - Tax Measures Targeting Privately Held Corporations

Posted on October 19, 2017 by Author Marc G. Spivak

On July 18, 2017, the Department of Finance released a set of proposals to amend the Income Tax Act (the “July 18 Proposals”). The position taken by the Department of...

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Provisional Application of CETA

Posted on October 19, 2017 by Author Marc G. Spivak

For Canadian businesses that are growing insecure about the potential consequences resulting from the re-negotiation of NAFTA, CETA may be an opportunity to diversify ties to the international market. Any...

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Bill to increase Minimum Wage hotly debated in Ontario Legislature

Posted on October 18, 2017 by Author Marc G. Spivak

Bill 148, Fair Workplaces, Better Jobs Act, 2017, is in the midst of being debated by members of the Ontario Legislature. The Bill proposes changes to Ontario’s Employment Standards Act,...

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September Home Prices and The National Index

Posted on October 17, 2017 by Author Marc G. Spivak

There has been a lot of discussion lately around the recent slow downs to the real estate markets in Toronto and surrounding areas. A number of factors can be said...

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Ontario Legislature moves to regulate Life Leases in bid to protect Seniors

Posted on October 16, 2017 by Author Marc G. Spivak

Bill 155, introduced in the Ontario Legislature on September 20, 2017, proposes a new law to regulate, so-called, ‘life leases’, a type of lease arrangement that lasts for no less...

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Colleges and Faculty to Continue Contract Discussion to Avoid Strike

Posted on October 10, 2017 by Author Marc G. Spivak

In a previous blog post, we discuss the call for a strike that Ontario’s colleges faculty members will vote for in the fall, after rejecting a 7.5% wage hike offered...

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If My Guests Drive Drunk/Stoned, Am I Responsible?

Posted on October 06, 2017 by Author Marc G. Spivak

October is here, and over the next few months, there will be a number of family gatherings and work events that may involve the consumption of alcohol/drugs. When your guest...

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Toronto Zoo Strike Costs Toronto $4 Million

Posted on October 04, 2017 by Author Marc G. Spivak

Last spring, the Toronto Zoo saw a strike over wages for its workers, which caused the Zoo to remain closed for 5 weeks while an agreement was reached. The agreement...

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Toronto Home Sales Continue to Tank This Fall

Posted on October 04, 2017 by Author Marc G. Spivak

Data shows that September continued to be a month of decline for the Toronto real estate market, with sales falling between 38 and 45 per cent compared to a year...

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Drug Evidence Excluded in Strip Search Case

Posted on October 02, 2017 by Author David M. Schell

In a recent decision from the Ontario Court of Justice (R. v MacPherson, 2017 ONCJ 615 (CanLII)), an accused was facing charges of possession of crack cocaine for the purpose...

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22-year-old Man Charged in Travel Agent Scam

Posted on October 02, 2017 by Author David M. Schell

A Toronto man posed as a travel agent and sold fraudulent tickets to travelers last summer, collecting the money via Interac e-Transfer which ranged from $400 - $3,000 each. When...

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Oakville Rejects Proposal to Demolish Glen Abbey Golf Course

Posted on September 28, 2017 by Author David M. Schell

One of Ontario’s finest golf courses that has hosted 28 Canadian Opens, was on the docket at Oakville Town council on Wednesday, as ClubLink applied to have the historic golf...

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Ontario’s Workforce is Increasingly Temporary

Posted on September 27, 2017 by Author David M. Schell

Recently, Fiera Foods, an industrial bakery in Toronto, came under fire for the third death of a worker at its factory since 1999. All three workers were temporary workers and...

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Recycling Plant to Pay $1.33M in Fines, Back Wages

Posted on September 26, 2017 by Author David M. Schell

A recycling plant in North York has been employing temp-workers for years at a low-wage and has been ordered to pay $1.33M in fines and back pay to workers. Canada...

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Harsher Penalties Proposed for Distracted Driving

Posted on September 22, 2017 by Author David M. Schell

Harsher penalties have been proposed for distracted and careless drivers, in an effort to help save the lives of pedestrians and cyclists. The proposed changes introduce a new provincial offence...

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Ontario’s First Post-Secondary Marijuana Production Certificate

Posted on September 21, 2017 by Author David M. Schell

Niagara College will become the first college to offer a post-secondary certificate in marijuana production, which will launch in the fall of 2018. The program has been approved by the Ontario...

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Top Intersections for Condos in Toronto

Posted on September 21, 2017 by Author David M. Schell

Condos have been taking over the Toronto skyline, with more to come not only in the downtown core, but in popular hubs around the entire city. New builds provide a...

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Canada Not Ready for New Wave of Asylum Seekers

Posted on September 20, 2017 by Author David M. Schell

Canada is not ready to handle a second wave of asylum seekers who may be fleeing the United States, especially when the Temporary Protected Status (TPS) is going to expire...

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WSIB to Re-examine Rejected Claims from Former General Electric Employees

Posted on September 20, 2017 by Author David M. Schell

Between 1945 and 2000, General Electric’s factory in Peterborough was the epicenter for many work-related illnesses among employees and retirees, a study of chemical exposures at the plant reveals. This however, is nothing new....

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Amendments to the Residential Tenancies Act

Posted on September 19, 2017 by Author Adam V. Grossi

On Friday, September 1, 2017, changes to the Residential Tenancies Act, 2006 (“RTA”) affected how landlords can terminate a tenancy. Bill 124, Rental Fairness Act, 2017 amended some of the...

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Sears Pension Issues shows a Need for Diversification

Posted on September 19, 2017 by Author Adam V. Grossi

Sears Canada pensioners are still fighting for a payout, and some are shocked to see what they’re receiving from their pension due to the company’s insolvency process. Sue Earl, a...

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Google Faces Class Action Lawsuit Over Gender Pay

Posted on September 18, 2017 by Author Adam V. Grossi

Google is under fire yet again with another lawsuit, this time, it has to do with gender-based pay discrimination at their headquarters in Mountain View, California. As much as 90...

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15 Arrested in Another Canna Clinic Raid

Posted on September 15, 2017 by Author Adam V. Grossi

Toronto police have raided another Canna Clinic just days after the government unveiled a sales plan for legal marijuana, making private dispensaries such as the Canna Clinic in Kensington Market...

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3-Point Turns are U-Turns, Says Police and Courts

Posted on September 14, 2017 by Author Adam V. Grossi

Many drivers know the difference between a U-turn and a 3-point turn, but it turns out that each have some similarities. A man from Brampton, Michael Robinson, executed a three-point...

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End to DACA in Sight?

Posted on September 14, 2017 by Author Adam V. Grossi

Trump has recently announced that the controversial DACA program is coming to an end. He has turned the decision over to Congress to determine the proper legislative response to ensure...

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Ontario to Have Employees Trained for Pot Stores Next Year

Posted on September 13, 2017 by Author Adam V. Grossi

Kathleen Wynne announced that 150 stores will sell marijuana once it is legalized and the LCBO will oversee the operation of all stores. The LCBO has the expertise for the...

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Man Arrested for Disrupting Filming in Riverdale

Posted on September 13, 2017 by Author David M. Schell

HBO has been filming a movie featuring Michael B. Jordan and Scarborough-born YouTube star Lilly Singh, however a frustrated neighbour of 450 Pape Avenue took matters into his own hands,...

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CBSA Arrests 2, Recovers 273kg of Cocaine in Sailboat at Nova Scotia Harbour

Posted on September 12, 2017 by Author David M. Schell

Canada Border Services Agency (CBSA) officers found approximately 273kg of cocaine on board a 29 foot boat, calling it “unusual” that such a small vessel had that much of a...

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Ontario Legislature Returns From Summer Break – Labour & Marijuana to be Main Focus

Posted on September 11, 2017 by Author David M. Schell

Queen’s Park resumes today after summer break, with much to keep them busy this fall. They will focus on the labour law changes and marijuana legalization which is set for...

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LCBO to run Marijuana Stores

Posted on September 11, 2017 by Author David M. Schell

When marijuana is legal next year, you won’t be able to get it from those so-called “dispensaries” that have been popping up around the GTA. Why? You may ask, Kathleen...

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Midrise Condo Battle may go to Mediation with OMB

Posted on September 07, 2017 by Author David M. Schell

High-profile residents of the Annex have brought their fight against a proposed midrise condo development to the Toronto & East York community council, which agreed Wednesday to have the city’s...

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Brazil’s Former Presidents accused of Forming a Criminal Organization

Posted on September 07, 2017 by Author David M. Schell

Former President of Brazil Luiz Inacio Lula da Silva, Dilma Rousseff and other staff part of their Workers’ Party have been accused of forming a criminal organization. Charges were filed...

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Toronto Housing Market Update: August 2017

Posted on September 06, 2017 by Author David M. Schell

Home sales slowed down through August so much that there was a 34.8 per cent drop in sales compared to last year. This marks the fourth month in a row...

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Insurance Adjusters in U.S. look to save time by using Drones to assess Damage

Posted on September 05, 2017 by Author David M. Schell

Travelers Insurance in the U.S. is responding to the hurricane in Texas by training their adjusters to become certified drone pilots. Travelers Insurance had 65 certified pilots as of Friday...

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Service Dog Not Allowed in Elementary School

Posted on September 05, 2017 by Author David M. Schell

Ontario’s Human Rights Tribunal has recently ruled that a 9-year-old boy with autism does not have the right to bring his service dog with him to class. This ruling marks...

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Driver Acquitted of Impaired Driving Charges after News Crew Filmed Him at RIDE Checkpoint

Posted on August 31, 2017 by Author David M. Schell

Due to a Global News crew filming a man who was pulled over, Kunal Gautam, at a RIDE check, a judge has acquitted his impaired driving charges. The judge, Ontario...

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Mid-rise Housing, The Next Best Thing for Toronto Real Estate?

Posted on August 31, 2017 by Author David M. Schell

With detached homes in Toronto reaching unattainable prices and an abundance of high rise condos taking over the city skyline, most of which are either purchased and sitting empty or...

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How is the Money from the Sale of a House Divided in a Divorce?

Posted on August 30, 2017 by Author John P. Schuman

Family lawyer John Schuman was recently asked this question: I bought my home in 1995 and it became the matrimonial home when i married my husband in 2009. I'm filing...

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Significant Changes Coming to Ontario’s Labour and Employment Laws

Posted on August 30, 2017 by Author John P. Schuman

Ontario is one step closer to approving the minimum wage increase of $15 an hour, however that is not the only change that is on Ontario’s horizon. A legislative committee...

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Am I on the Hook to Pay Child Support Retroactively?

Posted on August 29, 2017 by Author John P. Schuman

One of DSF's Toronto Family Lawyers was recently asked the following question: Can child support payments be retroactive? My former spouse never claimed child support and on top of that...

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Barrie's Real Estate Market Struggle

Posted on August 28, 2017 by Author John P. Schuman

Many home-buyers got caught in the spring real estate downturn. As a result, many homes have had delayed closings and people have even backed out of real estate deals, not...

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Gender Neutral Passports will be Available for Canadians

Posted on August 25, 2017 by Author John P. Schuman

Gender-neutral passports will soon be making their way into the hands of Canadians. Canadians who do not identify as male or female will soon be able to mark an “X”...

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Highly-skilled foreign workers and tech industry look to Canada

Posted on August 25, 2017 by Author John P. Schuman

There has been an on-going debate as to whether expedited visa programs for highly-skilled foreign trained workers are salutary from a domestic labour point of view. One perspective decries them...

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When Discrimination is Not Prohibited: Housing

Posted on August 24, 2017 by Author John P. Schuman

Caleb Pheluong, a Vancouver resident, was served eviction papers once his landlord discovered that he intended to have his boyfriend stay over one night. The landlord expressed to him via...

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Parking Ticket Disputes are About to Change

Posted on August 24, 2017 by Author John P. Schuman

Frustrated about getting a parking ticket and having to fight it, only to realize your court date is set for a time too far in the future? Well, the parking...

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Dispute over Custody of the Dog(s)

Posted on August 24, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student Back in January, we discussed the issue of dogs having rights similar to that of children in a custody battle. Mention was made to...

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Former Lottery Worker Sentenced to 25 years for Rigging Winnings

Posted on August 23, 2017 by Author Katelyn Bell

On Tuesday, former security director for the Multistate Lottery Association (MLA) Eddie Tipton, was given the maximum sentence – 25 years. Tipton was charged with ongoing criminal conduct for a...

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Damages Awarded in Anti-SLAPP Ontario Case

Posted on August 22, 2017 by Author Michelle Cook

United Soils v. Mohammed is the first Ontario judicial ruling to award damages to a defendant under Ontario’s anti-SLAPP legislation that was enacted in 2010. The government has been trying...

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Six Figure Income Required To Buy in the GTA

Posted on August 22, 2017 by Author Michelle Cook

If the past year of insanely high home prices hasn’t made you rethink home ownership, maybe this new report will. Two real estate companies conducted separate studies and have come...

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Update: Laid-off Sears Workers land hardship fund

Posted on August 21, 2017 by Author Michelle Cook

By: Stuart Clark, Student-at-Law In an earlier blog, we noted that Sears Canada had agreed to create a fund for former employees who were denied severance payments while the company...

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Laid-off Sears Workers land Hardship Fund

Posted on August 17, 2017 by Author Michelle Cook

By: Stuart Clark, Student-at-Law According to the Financial Post, Sears Canada has agreed to create a fund for former employees who were denied severance payments as the company restructures itself....

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Police now require Search Warrants to Obtain Hydro Records for Grow-Op Investigations

Posted on August 17, 2017 by Author Michelle Cook

By: Nicolas Di Nardo Police practices are about to change, now that the Ontario Court of Appeal has ruled that police investigating a suspected marijuana grow-op now require a search...

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Canadian Government Launches the Global Skills Strategy

Posted on August 16, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student On June 12 of this year, the Government of Canada announced the commencement of the Global Skills Strategy. The program was originally announced back...

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Legal Limbo

Posted on August 15, 2017 by Author Katelyn Bell

By: Samantha Hamilton, Student-at-Law There is a gap in the deportation system, and it is being filled with indefinite detention. But is this acceptable? A recent decision from the Federal...

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Ontario’s Colleges Call for Strike

Posted on August 10, 2017 by Author Katelyn Bell

By: Stuart Clark, Student-at-Law According to the Toronto Star, the Ontario government has offered faculty members at the province’s colleges a 7.5% wage hike. However, the Ontario Public Service Employees...

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Gateway to Canada: Roxham Road

Posted on August 10, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Desperate migrants are still making a run for it to Canada’s border. Since Trump took over the highest office, a tiny dead end on Roxham Road...

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Minister of Justice Suggests Lowering The Legal Alcohol Limit

Posted on August 09, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo The days of romantic dates could potentially disappear if the Federal government decides to reduce the legal alcohol limit for licensed drivers. Justice Minister Jody Wilson-Raybould...

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Toronto Man Subjected To 'Cruel and Unusual' Punishment While Detained By Brantford Police

Posted on August 03, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo, Junior Marketing & Administrator Treatment of prisoners is a big issue that for the most part, goes unseen by many all over the world. Many countries...

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Toronto Man Sentenced to Life in Prison, Eligible for Parole after 25 Years

Posted on August 01, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo, Junior Marketing & Administrator A man that was on the verge of marriage, Brett Ryan, 36, pleaded guilty last week to killing his mother, and two...

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Police Brutality Leads to Thrown Out Charges

Posted on July 31, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student The Canadian Charter of Rights and Freedoms (“Charter”) guarantees certain protections to Canadian citizens, such as the right to life, liberty and security of...

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Canna Clinic Staff Charged in Multiple Police Raids

Posted on July 31, 2017 by Author Katelyn Bell

Canna Clinic has been raided for the third time in only two weeks. Canna Clinic is a B.C.-based dispensary chain that has opened up in Toronto. The initial raid took...

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Update: 700 Employees at Pearson International Airport Go On Strike

Posted on July 28, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo As noted in our blog published earlier this week, 700 employees have gone on strike at Toronto’s Pearson International Airport. The 700 employees represented by the...

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Man pleads Guilty to Disruption on Air Canada Flight

Posted on July 27, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo A drywaller from Amhurstview, Ontario is potentially facing up to two decades behind bars. Brandon Courneyea, the defendant, admitted to interfering with a flight attendant last month....

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Teen Charged After Colliding with Police Car

Posted on July 27, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Tuesday night, a teen was charged after colliding with a police cruiser. The car the teenager was driving was allegedly stolen. Peel Region Police were responding...

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Possible Strike at Pearson Airport Beginning Thursday

Posted on July 26, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight...

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Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban

Posted on July 25, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The...

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Christopher Husbands: Eaton Centre Shooter Granted New Trial

Posted on July 25, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student In a previous blog post, we discussed the possibility of a new trial being granted to Christopher Husbands. Husbands was the perpetrator in the...

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Driver Charged in Attack of 74 year-old Cyclist in Peterborough

Posted on July 25, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo A video that surfaced (WARNING: Graphic Content) on the internet of an incident that occurred last Tuesday around 11 a.m., has led to a man being...

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Driver of Vehicle that Killed Cyclist in 2015 to be Sentenced

Posted on July 24, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night. Now two years later, Irwin owned up...

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Exxon Mobil Violated Russian Sanctions when now U.S. Secretary of State Rex Tillerson was the President and Director

Posted on July 22, 2017 by Author Michelle Cook

By: Michelle Cook, Summer Law Student On Thursday of last week, the Treasury Department fined Exxon Mobil a meagre $2 million for violating sanctions that the U.S. had imposed on...

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Monkey Sues Human Over 'Selfies' Taken In 2011

Posted on July 21, 2017 by Author Michelle Cook

By: Nicolas Di Nardo It’s 2017 and apparently, every year that goes by brings something new that we never thought we’d ever see possible. Now, animals seem to be able...

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Canada's Immigration Detainees: Locked Up By Dodgy Risk Assessments

Posted on July 20, 2017 by Author Michelle Cook

By: Nicolas Di Nardo A recent blog post highlighted an immigration detainee that went to court to fight for his release after being locked up for 4 years while awaiting...

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Security Tightens as U.S.-bound Flights Require Enhanced Screening

Posted on July 19, 2017 by Author Michelle Cook

By: Nicolas Di Nardo Enhanced security measures on any U.S.-bound flight begins today at Pearson Airport. Airlines such as Air Canada and WestJet have already advised passengers to arrive at...

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Lululemon sues Under Armour Over a $52 Sports Bra

Posted on July 19, 2017 by Author Michelle Cook

By: Nicolas Di Nardo Two of the biggest athletic apparel companies are about to go to war, this time, in court and over a sports bra. Lululemon Athletica (NASDAQ: LULU),...

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Is Toronto Now a Buyers' Market?

Posted on July 19, 2017 by Author Michelle Cook

By: Nicolas Di Nardo The CREA has stated that the GTA has had the biggest drop in sales in June, and Toronto has now fully moved from sellers’ territory (ratio...

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Bill C-6 and a Smoother Path to Canadian Citizenship

Posted on July 18, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student Bill C-6, an Act to Amend the Citizenship Act and make consequential amendments to another Act, was introduced in Parliament on February 25, 2016....

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Paramedic Who Had His Mother Die In His Arms Denied Workers’ Compensation

Posted on July 13, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student It is common practice for Paramedics to arrive for their shifts up to a half an hour prior to their scheduled start time. This...

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Law and Society: Forever Evolving

Posted on July 11, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Canadian judges are going back to school, or at least, that’s what it feels like. Judges must “understand the people they are judging” says Justice Adele...

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Bradford Man Charged with Child Abandonment

Posted on July 10, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Canada Day, the day we celebrate an important milestone, the anniversary of the enactment of the Constitution Act, 1867 (July 1, 1867). The celebration this year...

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Quebec Hunter Petitions to Make Squirrel Hunting Legal

Posted on July 07, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student Poutine, a favourite among many Canadians. While some aren’t too adventurous with the meal and tend to stick with the common-yet-delicious cheese curds (me),...

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The Legality of Refusing to Bake a Wedding Cake Because of Sexual Orientation

Posted on July 04, 2017 by Author Michelle Cook

By: Michelle Cook, Summer Law Student In Canada, it is illegal to discriminate against people on the basis of sexual orientation, especially in the case of commercial business services available...

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National Light Bulb Disposal Strategy to be Introduced

Posted on July 04, 2017 by Author Michelle Cook

By: Nicolas Di Nardo The federal government is looking to guide Canadians on how to properly dispose of light bulbs that contain mercury. Bill C-238, The National Strategy for Safe...

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The City of Brampton is Looking To the Future

Posted on July 04, 2017 by Author Michelle Cook

By: Nicolas Di Nardo The city of Brampton has hired a world-renowned urban planner to make the suburb of Toronto future-ready. Larry Beasley, urban planner, has been involved in the...

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Ken Pagan granted Conditional Discharge over Beer Can Toss Incident

Posted on July 04, 2017 by Author Michelle Cook

By: Nicolas Di Nardo Ken Pagan, known as the Toronto Beer Can Thrower was sentenced last week. If you are not caught up with the incident, please look to our...

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Legally Bound to be Faithful During the Marriage?

Posted on June 30, 2017 by Author Michelle Cook

By: Katelyn Bell, Summer Law Student Celebrities Justin Timberlake and wife Jessica Biel made headlines a couple years back when word spread that they had an “infidelity clause” contained within...

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Am I Liable For My Ex-wife's RRSP Losses?

Posted on June 30, 2017 by Author John P. Schuman

Toronto Family Lawyer John Schuman was recently asked the following question: Is there any case law that would show I am not liable for any of the following losses? When...

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Am I Liable For My Ex-wife's RRSP Losses?

Posted on June 30, 2017 by Author John P. Schuman

Toronto Family Lawyer John Schuman was recently asked the following question: Is there any case law that would show I am not liable for any of the following losses? When...

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Anticipated Vaping Bill S-5

Posted on June 29, 2017 by Author John P. Schuman

By: Nicolas Di Nardo Vaping products have been available in Canada for over five years now, and even still in the current landscape, there doesn’t exist very many regulations around...

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Failure to Pay an ESA Order Resulted in Jail Time and a $20,000 Fine

Posted on June 29, 2017 by Author Michelle Cook

By: Michelle Cook, Summer Law Student On June 6, 2017, a Mississauga employer received a jail sentence of 30 days plus an additional fine of $20,000 after failing to pay an order issued...

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Rent Increase capped at 1.8% in 2018

Posted on June 27, 2017 by Author Michelle Cook

By: Nicolas Di Nardo Under Ontario law, rent increases can not exceed 2.5 per cent. However, under the new housing reforms, the Liberal government extended their rent control to buildings since 1991...

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Challenging the Safe Streets Act

Posted on June 26, 2017 by Author Michelle Cook

By: Nicolas Di Nardo A law created in 1999 known as the Safe Streets Act is being challenged by the Fair Change Community Legal Clinic on the basis that it...

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Minimum Wage Embedded In New Law

Posted on June 26, 2017 by Author Michelle Cook

By: Nicolas Di Nardo With the new minimum wage increase set to become $15 an hour in 2019, it would require the Progressive Conservatives to change labour laws in order to...

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Requiring Customers to Come to Stores Has Been Deemed Discriminatory

Posted on June 26, 2017 by Author Michelle Cook

By: Michelle Cook, Summer Law Student Could companies that require their customers to come into their physical stores be guilty of discrimination?  A human rights adjudicator seems to think so....

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The Fight Against Solitary Confinement

Posted on June 26, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student The issue of solitary confinement has been long-standing in Canada. Solitary confinement is meant to be ordered on a temporary basis, not on an...

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Reasons Why A Starter Home is No Longer an Option

Posted on June 23, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo Toronto’s chief planner Jennifer Keesmaat says you won’t be able to have the traditional starter home that previous generations have had in the city of Toronto...

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Income Earned by Wrongfully Dismissed Employees No Longer Automatically Deducted Under the Duty to Mitigate

Posted on June 22, 2017 by Author Michelle Cook

The duty of wrongfully dismissed employees to mitigate their damages is no longer as clear-cut as it once was. Notice periods are seen as an amount of time, or a...

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Affluent Boomers are Taking Pressure from 'YIMBY' Groups in the GTA

Posted on June 21, 2017 by Author Michelle Cook

By: Nicolas Di Nardo During the recent Ontario Housing Summit the main focus was on millennials and home ownership, and the consensus of the Summit was that there is a need...

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Hockey Union alleges the OHL broke Labour Laws

Posted on June 21, 2017 by Author Michelle Cook

By: Nicolas Di Nardo Back in 2014, a class-action lawsuit was filed against the Canadian Hockey League (CHL) over wages. It claimed the league was breaching minimum wage laws. In...

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Bill C-16: Proud to Extend Protections to Transgender and Other Gender-Diverse Persons

Posted on June 20, 2017 by Author Michelle Cook

June is Pride Month, when we celebrate sexual diversity and gender variance in the context of gains made by the Lesbian Gay Bisexual and Transgender (LGBT) communities. It is thus...

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Breaking up Before the Wedding: Who gets the Ring?

Posted on June 19, 2017 by Author Katelyn Bell

By: Katelyn Bell, Summer Law Student Many television shows and movies portray it, and many couples live it. When a couple separates, who really should keep the engagement ring? While...

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Breaking up Before the Wedding: Who gets the Ring?

Posted on June 19, 2017 by Author Katelyn Bell

Many television shows and movies portray it, and many couples live it. When a couple separates, who really should keep the engagement ring? While some may argue that it is...

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Update: Proposed Sick Notes Ban

Posted on June 19, 2017 by Author Katelyn Bell

By: Nicolas Di Nardo The praise for the Liberal government’s proposed ban on sick notes continues. During the government’s announcement outlining the proposed changes to Ontario’s labour law, which was...

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Determining Summer Custody Schedules with Your Child(ren)’s Best Interests in Mind

Posted on June 08, 2017 by Author John P. Schuman

For many separated families with school-aged children, summer can be a challenge. A written agreement or court order that sets out summer access with the children makes the season a...

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Do Ontario Private Elementary Schools Have to Follow the Same Laws and Standards as Public Schools?

Posted on June 06, 2017 by Author John P. Schuman

Many parents send their children to Ontario Private (or Independent) Schools because they want to make sure their child gets a “superior education.”  There are many private schools that do...

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Toronto Must Figure Out Housing Solutions or Risk Losing Top Young Talent

Posted on June 01, 2017 by Author John P. Schuman

As we are well aware, Toronto’s housing market has been a hot topic for some time now, with the rising prices and record sales. Unfortunately, for those who can’t afford...

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New Fairness for Children of Unmarried Couples

Posted on May 26, 2017 by Author Katelyn Bell

A new Constitutional challenge is currently unfolding at the Brampton courthouse. Robyn Coates is challenging the validity of Ontario’s Family Law Act on behalf of her 22-year-old son, Joshua Coates....

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Grandparents’ Custody and Access Claims Enhanced by Amendments to Ontario’s Children’s Law Reform Act

Posted on May 23, 2017 by Author Katelyn Bell

Parents’ separations can mean difficult transitions for children.  Grandparents very often play a special role in these circumstances, providing their grandchildren with stability and unconditional love when they need it...

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Air Passenger Bill: Does it Really Protect Passenger Rights?

Posted on May 23, 2017 by Author Katelyn Bell

Transportation Minister Marc Garneau introduced a Passenger Bill of Rights which is included in a package of amendments to the Canada Transportation Act. This bill is being introduced as a...

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General Electric Workers Exposed to Toxic Chemicals for Decades

Posted on May 19, 2017 by Author Marty Rabinovitch

Between 1945 and 2000, General Electric’s factory in Peterborough was the epicentre for many work-related illnesses among employees and retirees, a study of chemical exposures at the plant reveals. This,...

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A Threat to Access-To-Justice in Ontario

Posted on May 14, 2017 by Author Katelyn Bell

Legal aid is a central component of the Canadian justice system, and of justice systems elsewhere in the world. Legal aid helps those individuals who are otherwise unable to afford...

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Construction Trust Claims: How to Protect Yourself

Posted on May 12, 2017 by Author Katelyn Bell

Caught up in the moment of construction work chaos and scrambling to complete jobs, it is all too easy for invoices to accrue and accounts to build up. While construction...

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How Some Gyms are Trying to Avoid Rights under Gym Contracts

Posted on May 10, 2017 by Author Katelyn Bell

Read your contracts carefully! Beach season is coming, which means many gyms are launching “free” trials in order to entice customers to enroll in lucrative contracts at their gym. However,...

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Upcoming Liberal Changes to Mandatory Minimum Sentences

Posted on May 09, 2017 by Author David M. Schell

It’s not often that political party leaders will keep the promises they have made to the public. However, in the case of mandatory minimum sentences, Prime Minister Trudeau and the...

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How to Change Existing Child Support Payments and Visitation Agreements

Posted on April 24, 2017 by Author David M. Schell

Family lawyer John Schuman was recently asked the following question: I want to change my child support amount and the visitation agreement. How do I go about doing that and...

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Update: 16 Measures To Cool Down Toronto’s Red-Hot Housing Market

Posted on April 20, 2017 by Author David M. Schell

Recently, we published a blog post informing the public that on Thursday, today, the Finance Minister would be releasing the measures that all levels of the government will take to...

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Ten Measures To Be Announced To Help Fix Toronto’s Housing Market

Posted on April 18, 2017 by Author David M. Schell

On Tuesday, April 18th,  2017  Finance Minister Charles Sousa announced that he is set to unveil 10 measures to help with Toronto’s out of control housing market, which will be...

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Millennial Homebuyers and Toronto Real Estate

Posted on April 13, 2017 by Author David M. Schell

It comes as no surprise that the crazy state of Toronto's housing market, with the increased value of homes and condos sitting at 30% or so from this time last year, is...

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New Condo Development To Be A Game Changer For Vaughan

Posted on April 12, 2017 by Author David M. Schell

Given the current landscape of the Toronto real estate market, it is not surprising that people are beginning to look further out of the city for a property. The market...

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Toronto City Council approves New Apartment Bylaw to Further Protect Tenants

Posted on March 31, 2017 by Author David M. Schell

The City of Toronto recently passed a new bylaw aimed at cracking down on “bad” landlords and providing tenants with more protections. The bylaw, which was passed by the city...

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The Future of Canada Revenue Agency Enforcement Activities

Posted on March 30, 2017 by Author David M. Schell

As noted in an earlier blog post, we discussed the joint CBC / Toronto Star investigation and subsequent release of the Panama Papers.  In a subsequent Toronto Star article, the...

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Solving Ontario Court Delays: Is Limiting Preliminary Hearings The Answer?

Posted on March 28, 2017 by Author David M. Schell

In the wake of the Supreme Court of Canada’s decision in R. v. Jordan, there have been various suggestions on how to deal with the issue of delay in the...

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Toronto Real Estate: Spring Update

Posted on March 28, 2017 by Author David M. Schell

As the weather begins to get warmer and the daylight lasts longer, the real estate market will be getting busier. Since 2016, a number of cities in Canada have been...

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Paying Attention to Detail in Planning Policy

Posted on March 27, 2017 by Author David M. Schell

A new report from the Neptis Foundation is raising questions about Ontario’s planning and development policy for Greater Golden Horseshoe. The report states that 26,100 acres of green land, never...

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Internet and a Breakdown of Privacy: The New Era of Sexting and The Courts’ Response

Posted on March 27, 2017 by Author David M. Schell

Technology undoubtedly has great power when a superpower nation’s diplomacy can be built on 15-second tweets. A one-second decision to share, send, or post can irreversibly release data within the...

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Solving Toronto's Housing Woes

Posted on March 14, 2017 by Author David M. Schell

The Toronto real estate market has been a hot topic in the city for over a year now. Soaring house prices and limited supply has made it difficult for potential...

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The Panama Papers: Canadian Bank Begins Closing Client Accounts

Posted on March 10, 2017 by Author David M. Schell

Toronto Tax Lawyer discusses a CBC/Toronto Star investigation that looks into Canada’s tax system, specifically the use of Canadian corporations and limited partnerships as part of a complex offshore money...

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Help! Will My Foreign Divorce Be Recognized in Canada?

Posted on March 09, 2017 by Author John P. Schuman

DSF's family lawyer was recently asked the following question: If someone gets divorced in Tennessee, is the divorce legal in Ontario if they haven’t registered their divorce in Canada? I...

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Is My Acceptance of a Separation Agreement over E-Mail Valid, Even Without My Signature?

Posted on March 08, 2017 by Author John P. Schuman

DSF's Family Lawyer John Schuman was recently asked the following question: My soon to be ex-wife proposed an agreement between us concerning business, property, child access etc. She sent me...

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Open Courts in the Digital Era: Contextualizing the Toronto Star’s Legal Challenge to Alleged Tribunal Secrecy

Posted on March 07, 2017 by Author John P. Schuman

Recently, the Toronto Star has embarked on a legal challenge against what it describes as “blanket secrecy” within Ontario’s administrative tribunal system.  At the core of their claim is today’s...

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Can I Kick My Abusive Husband Out of the Family Home?

Posted on March 01, 2017 by Author John P. Schuman

One of our Family Lawyers was recently asked the following question: Is it legal to kick my abusive husband out of our house until our divorce is settled? The house...

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My Boyfriend Has Been Denied Access to His Son. Can He Fight for More Rights to Him?

Posted on February 28, 2017 by Author John P. Schuman

My boyfriend's ex-girlfriend had his son in late November 2016. He is unable to see his son often and she won't allow him to have him alone as she doesn't...

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Is Ontario Really the Litigation Capital of Canada?

Posted on February 13, 2017 by Author John P. Schuman

It is a commonly held belief that Ontario is the litigation capital of Canada. With more lawyers than any other province, a greater population and far larger economy, this idea...

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Ontario Government Moves to Dismiss Challenge to Hydro One Privatization

Posted on February 08, 2017 by Author John P. Schuman

Last Tuesday, Ontario’s Liberal government moved to strike a lawsuit challenging the further privatization of Hydro One.  If successful, they’ll have removed a major obstacle to the controversial scheme they...

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Home Prices Continue to Rise in 2017

Posted on February 06, 2017 by Author John P. Schuman

January has brought yet another spike in home prices as the Toronto Real Estate Board (TREB) reports in the Star that January saw a 22% year-over-year increase in the price for...

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Important Tax Information for Parents with Shared Custody

Posted on January 30, 2017 by Author John P. Schuman

A recent Canadian Tax Court Case has important implications for parents with shared custody and the way child support is paid and collected.  The decision in Harder v. The Queen...

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Renting in Ontario: What Every Pet Owner Needs to Know

Posted on January 27, 2017 by Author John P. Schuman

There is a lot of confusion when it comes to renting a property in Ontario with pets. Many Ontarians believe it is illegal for landlords to discriminate against pet owners...

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Yes, You Can Film the Police. No, They Cannot Seize Your Device

Posted on January 26, 2017 by Author Marty Rabinovitch

Recently, a video surfaced online of Toronto Police officers doing their job in public. As long as you are not obstructing them or interfering with their work, you have every...

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Leaning on Liens for Payment

Posted on January 20, 2017 by Author Marty Rabinovitch

Construction and renovation work can sometimes involve multi-layered contractual relationships between the various players in a construction project, where there are numerous complex areas of consideration. An owner or developer...

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Making Canadian Courts Great Again

Posted on January 18, 2017 by Author Marty Rabinovitch

Trump’s upcoming inauguration for our neighbour down south is looming as many of us are still coming to terms with the election results. To say that the election was a...

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Oh Canada, Our Home and “Snow-washed” Tax Haven??

Posted on January 16, 2017 by Author Marty Rabinovitch

The release of a joint CBC / Toronto Star investigation has made headlines across the world and calls Canada’s tax system into question. Most Canadians would argue that Canada’s tax rates are among the...

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Denied Access To Your Child? Here’s What You Need To Know

Posted on December 12, 2016 by Author Marty Rabinovitch

Breaking up, as they say, is hard to do.  Where there are children in the equation, the question of a parent’s access to the child(ren) can add substantially to the...

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Caught My Spouse Recording/Spying On Me!

Posted on October 24, 2016 by Author John P. Schuman

Toronto area family law attorney John P. Schuman was recently asked the following question: “I came home to notice my wife was recording/spying on me with her laptop though she...

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Small Claims Court awards double the standard in costs for unreasonable behaviour

Posted on October 03, 2016 by Author Marty Rabinovitch

As a plaintiff, losing your court case is bad. Having to pay thousands of dollars for the defendant’s legal fees is much worse. Part of the strategy in any litigation...

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Off-Duty Conduct: Can you be Terminated over Tweets?

Posted on July 17, 2016 by Author Marty Rabinovitch

Toronto Arbitrator Elaine Newman says you can. On November 12, 2014, the Ontario Labour Relations Board upheld the City of Toronto’s dismissal of Matt Bowman, a firefighter with 2.5 years...

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Workplace Accommodation Has Limits

Posted on June 14, 2016 by Author Marty Rabinovitch

In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers...

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Tax Treatment of Family Law Matters

Posted on March 16, 2016 by Author Marty Rabinovitch

Divorce and separation are understandably difficult periods in a person’s life. Often, they are focused on issues such as the parenting of children, dividing matrimonial property or ensuring that there...

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Beware a House of Lies: Negligent Misrepresentation in Real Estate

Posted on December 15, 2015 by Author Marty Rabinovitch

By Ivan Merrow Negligent misrepresentation is a more specific type of negligence claim used to compensate victims of lies or misinformation that cause them harm. In general, people are most...

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Are Uber Drivers Properly Insured?

Posted on July 16, 2015 by Author Marty Rabinovitch

Since its inception over 6 years ago, ride-sharing service Uber has continued to make headlines as one of the most controversial technology companies in the mobile era.  This “uber-convenient” service,...

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Time of Essence Clause in Real Estate Transactions

Posted on July 16, 2015 by Author Marty Rabinovitch

Remember that time when you made a reservation for a restaurant but later forgot about it or changed your mind right before? And then you breathed a sigh of relief...

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Bankrupt Employer ≠ Helpless Employee

Posted on June 09, 2015 by Author Marty Rabinovitch

It has long been recognized by the courts that there is a power imbalance between employers and employees. Given the nature of the employer-employee relationship, one may be able to...

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Canada Revenue Agency (CRA) Offers Advice for Settling Tax Dispute Claims, Part 1

Posted on July 31, 2014 by Author Frank Shostack

On June 19, 2014, the Canadian Tax Foundation (“CTF”) held an event titled “Tax Dispute Resolution: an Inside Look from the Government’s Perspective.” Devry Smith Frank LLP (“DSF”)’s tax litigation...

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Legal advice needed about child custody

Posted on July 09, 2014 by Author Frank Shostack

John Schuman, Toronto Family Law lawyer at Devry Smith Frank LLP, was asked this question just recently: “My ex is trying to get custody of my six year old and...

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How Do You Give Money To Your Child, But Not Their Spouse?

Posted on March 07, 2014 by Author John P. Schuman

It is very common for parents to want to give money, or property, to their adult children, but want to keep it from their child’s spouse (their son-in-law or daughter-in-law)....

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Seasonal Employees May Be Eligible For Severance Pay

Posted on February 28, 2014 by Author John P. Schuman

The holiday rush has ended and financial reports are in and layoff notices have been issued to some employees, so what about severance pay for seasonal employees? In Snow Valley...

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(Canada) Attorney General v. Johnstone and Canadian Human Rights Commission

Posted on June 03, 2013 by Author John P. Schuman

This blog is written by our law summer student, Michelle Farb An employer’s failing to accommodate an employee’s childcare needs constitutes “family status” discrimination under the Canadian Human Rights Act....

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Do You Need An Emergency Temporary Custody Order?

Posted on May 16, 2013 by Author John P. Schuman

Question: How do I go about getting an emergency temporary custody order for my son? Answer: Provided by our Toronto Family Lawyer John Schuman The first question you have to...

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Very distressed child asked for advice in upcoming child custody case

Posted on April 08, 2013 by Author John P. Schuman

My friend's child asked for advice on a upcoming child custody case. His parents are in family court and have trial in 2 months on child custody and access. He...

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Tax Considerations in Wrongful Dismissal Settlements

Posted on April 03, 2013 by Author Marty Rabinovitch

When employment litigation resolves in a wrongful dismissal settlement, an important issue for the employer and the employee is the tax considerations and how the settlement funds will be allocated....

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Tips for completing your Family Law 13.1 Financial Statement

Posted on November 21, 2012 by Author Marty Rabinovitch

Many people faced with having to complete a 13.1 Financial Statement find it a daunting task.  Here are a few tips to simplify the process. The idea of completing an...

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