Focus On



Friday, June 24, 2022 @ 2:57 PM

Who is most at fault? Apportionment of liability in Steinlauf v. Deol Car and truck collision

Many motor vehicle collisions take place at intersections. According to the Canadian Association of Chiefs of Police in May 2020, 30 per cent of collision fatalities and 40 per cent of serious injuries occur at intersections. At an intersection drivers can make right or left turns, which if not done with due care, may result in collisions. In Ontario in 2020, the Ministry of Transportation reported a total of 21,889 collisions involving a turning movement. ... [read more]

Thursday, June 23, 2022 @ 11:12 AM

Cryptocurrency and family law: Identification of digital assets Man with magnifying glass and Bitcoin

With the expansion of use and adoption of cryptocurrencies, NFTs (non-fungible tokens) and related assets, digital assets will inevitably become tied up in family law disputes. These sorts of digital assets are handled in the same way as other family/matrimonial property. ... [read more]

Thursday, June 23, 2022 @ 9:46 AM

What’s stopping me from moving to Costa Rica and not telling my boss? laptoponabeach

Imagine you are on a nice sunny beach, feeling the warm ocean breeze on your face, and listening to the soothing sound of … an Outlook e-mail notification!?!? ... [read more]

Wednesday, June 22, 2022 @ 11:49 AM

Alberta’s top court dismisses appeal of employer’s limitations defence Hand with clock

Limitations on actions have been legislated to provide certainty to parties that cause(s) of action(s) from many years earlier would not resurface. This permits members of society to govern their affairs without the spectre of litigation hanging as a cloud over their heads. However, the two-year principle is not absolute. ... [read more]

Wednesday, June 22, 2022 @ 8:35 AM

Newfoundland decision proves extortion can involve more than money Puppetstrings

We’ve all been wronged. It’s quite common that many of us have issued civil suits or threatened to do so in order to obtain redress for damage to our property or reputation. That is how our laws expect we will react. However, if we do not get redress, frustration builds. Sometimes one might even consider extortion. ... [read more]

Tuesday, June 21, 2022 @ 3:06 PM

An exhausting and ruinous parenting case: J.M. v. E.M. Silhouette hands against window

It is sad, but true, that despite the best intentions of lawyers, judges and parenting experts, family law cases can go off the rails and careen into unexpected and destructive outcomes. J.M. v. E.M. 2022 ABCA 49 is such a case. ... [read more]

Tuesday, June 21, 2022 @ 11:04 AM

Bill C-75 appears constitutionally sound so ‘why does it feel so wrong?’ X&O

To date, I have been involved in 20 jury selections in my career; 16 before the Bill C-75 amendments, one after the Bill C-75 amendments where Parliament removed peremptory challenges, and three after R. v. Chouhan 2021 SCC 26 was decided by the Supreme Court, upholding the constitutionality of Parliament’s decision in enacting Bill C-75. ... [read more]

Monday, June 20, 2022 @ 1:57 PM

The case for self-hosted wallets in face of global regulations Padlocks on network

On Dec. 9, 2018, Gerald Cotten, CEO of Canada’s then-largest cryptocurrency exchange QuadrigaCX passed away, taking with him $215 million worth of the exchange’s client assets. After QuadrigaCX’s demise, roughly 17,000 creditors, primarily consisting of everyday Canadians, lost most of the assets provided to QuadrigaCX’s “custodial” or “hosted” cryptocurrency wallet. ... [read more]

Monday, June 20, 2022 @ 1:49 PM

Determining credibility in ‘he said/she said’ case Truthblocks

Whenever a sexual assault is alleged, the major difficulty for a court in arriving at a verdict is determining credibility of the complainant and the accused. In any “he said/she said” case, I suggest it is dangerous for counsel to leave the court with the task of deciding credibility when the only issue in dispute the different recollection of events by the complainant and the accused. ... [read more]

Monday, June 20, 2022 @ 11:21 AM

Analyzing right to disconnect addition to Ontario’s Employment Standards Act Finger on off switch

Employers with 25 or more employees on Jan. 1, 2022, had until June 2, 2022, to develop and implement a written policy on disconnect from work. ... [read more]