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Tuesday, September 12, 2017 @ 09:02 AM

New tax proposals will overturn decades of settled law

The firestorm from the July 18, 2017, federal tax proposals has been met with fury from the tax community and from small and medium enterprises. Some of the changes will dramatically change tax planning for private corporations, including many professional corporations. ... [read more]

Monday, September 11, 2017 @ 09:50 AM

Healing old wounds: Effective mediation of personal injury claims

There are ways to maximize settlement opportunities in the mediation of claims — including slips and falls, motor-vehicle accidents and intentional torts such as battery — that will make a real difference in the outcome. ... [read more]

Friday, September 08, 2017 @ 09:28 AM

Factoring in plaintiff’s age and occupation to the earnings curve

Jane is a 59-year-old real estate lawyer who was injured in a car accident. She will be unable to continue working. Jane is claiming she has suffered a loss of income due to her injuries, and she has estimated her losses based on her earnings immediately before the accident, projected out until her planned retirement age of 67. Is this the correct approach? ... [read more]

Friday, September 08, 2017 @ 09:21 AM

How to encourage clients to revise their wills — without raising eyebrows

With most studies saying half of Canadians don’t have properly executed wills in place, clients — ever wary of extra legal fees — need to be reminded from time to time that they should update the document to reflect their wishes. ... [read more]

Thursday, September 07, 2017 @ 09:10 AM

Work it out: Maximizing mediation settlement opportunities for wrongful dismissals

This is the first of a three-part series in which I share practical advice based on my experience as a mediator and mediation lawyer (specifically, settlement counsel) in different practice areas. We begin with the most common of non-unionized workplace disputes: Wrongful dismissal. However, much of what follows is relevant to other labour and employment disputes. I revisit common approaches many of us “employ” as counsel to better maximize settlement prospects at mediation. ... [read more]

Wednesday, September 06, 2017 @ 09:12 AM

OSC Sino-Forest ruling rejects ‘different business culture’ defence Different_cultures_sm

Ontario securities law is paramount for reporting issuers in Ontario, regardless of any business cultural differences that exist in other global markets in which the issuers might operate. That is a key takeaway from a decision of a panel of the Ontario Securities Commission. ... [read more]

Tuesday, September 05, 2017 @ 11:48 AM

Courts show growing willingness to award damages when Charter rights are violated

In 2010, the Supreme Court of Canada opened the door for plaintiffs to seek damages from the government when their rights under the Canadian Charter of Rights and Freedoms are breached. It is possible that courts may come to view such damages as a way to deter bad behaviour by the state. ... [read more]

Tuesday, September 05, 2017 @ 08:25 AM

Dismissing the alt-right employee, with and without cause

What can you do if one of your employees is caught “on tape” (as we used to say) at a rally of white supremacists / neo-Nazis, avidly chanting racist, anti-Semitic and other offensive slogans? ... [read more]

Friday, September 01, 2017 @ 09:03 AM

Inter vivos shelter trusts for children with special needs

I regularly speak to clients who want to buy a home for an adult child with special needs, to make sure they have safe and secure housing before they pass on. Many opt to buy a home and rent it to the child, but some consider buying it and putting it in the child’s name. If the child is receiving provincial disability benefits, this option is problematic because the net proceeds from the sale of the home would disqualify them from disability benefits. There’s also the potential for them to be manipulated by unscrupulous individuals, such as a new spouse who then divorces them. ... [read more]

Thursday, August 31, 2017 @ 03:20 PM

Disabled Ontarians will benefit from first substantial changes to support program in 20 years

The Ontario budget unveiled in April contains a number of changes that will affect those who receive funding from the Ontario Disability Support Program in many different ways, allowing households to have more exempt income and assets while still being eligible to receive funding from the program. ... [read more]