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Friday, August 18, 2017 @ 08:32 AM

The potential problem with joint power of attorney

The other day the son of a client phoned to say that they were having issues with the bank concerning an enduring power of attorney that I had prepared for his mother a number of years ago.  The son and two of his sisters were appointed jointly to act as the attorneys.  The issue at the bank was that they would not allow internet banking because all three of them could not be accessing the internet at once and the bank would have no way of knowing who was accessing the account. ... [read more]

Thursday, August 17, 2017 @ 09:52 AM

How proposed changes to Ontario labour law could hit cross-border employers Crossborder_employment_sm

In order to limit their employment law obligations, cross-border employers need to understand the laws governing their employees who perform work in Ontario. ... [read more]

Wednesday, August 16, 2017 @ 09:46 AM

Child abduction and non-Hague Convention countries

The rise of globalization, ease of travel and parental conflict have given rise to an increasing rate of international child abduction. Some children are lucky enough to be returned to their home more easily and more expeditiously than other children. It ultimately depends on where they live and where they are abducted to. ... [read more]

Tuesday, August 15, 2017 @ 08:50 AM

Pondering the end of the ‘hired gun’ expert witness

The Court of Appeal’s recent decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502, is a must read for all personal injury lawyers. On the one hand the court sent a clear direction to trial judges that they must take a more robust role as the gatekeeper of expert evidence which should mark the end of either side using “hired guns”. On the other hand, it reaffirmed the existing law that in a jury trial, an expert is safe from cross-examination on past judicial comments and findings. ... [read more]

Monday, August 14, 2017 @ 09:36 AM

What Bill 28 means to sperm donor pregnancies and surrogacy

The recent amendments to the Children’s Law Reform Act acknowledges the reality of family formation using assisted reproduction, However, there are cautionary notes that need to be taken into consideration. ... [read more]

Friday, August 11, 2017 @ 09:21 AM

How soaring real estate prices affect separating spouses Housing bubble

In recent years, home prices in the Greater Toronto Area have experienced a year-over-year spike in sale prices. Although this is positive news for families' net worth, this trend has caused particular difficulty for separating spouses. ... [read more]

Thursday, August 10, 2017 @ 09:00 AM

Five things personal injury lawyers should know about employment law

In the personal injury field, it is not uncommon to see injured victims run into employment difficulties while trying to get back to work.  Often times injuries bring on physical deconditioning with functional limitations, psychological damages and emotional distress. Stamina for a regular work schedule often becomes limited and deteriorating emotional tolerances often become marked by anxiety and frustration due to the inability to get back to pre-accident work status. ... [read more]

Wednesday, August 09, 2017 @ 09:11 AM

Navigating the tense waters of common law partner wills

In the past 10 years, the number of common law couples in Canada has grown at something like four times the rate of married couples. And while it’s not surprising to lawyers that common law relationships are not the same as marriage, it can still be surprising to “normal” people. ... [read more]

Tuesday, August 08, 2017 @ 09:01 AM

Facebook decision gives quasi-constitutional privacy rights to some Canadians Facebook

The Supreme Court of Canada (SCC) issued its highly anticipated decision in Douez v. Facebook, Inc. 2017 SCC 33 in late June. While the decision paved the way for a privacy class action to continue through the British Columbia courts, the SCC appears to have provided quasi-constitutional privacy rights to some Canadians, but not the entire country, and the application of the decision to other private sector privacy statutes is uncertain. ... [read more]

Friday, August 04, 2017 @ 08:57 AM

Service of family process abroad must comply with Hague Convention Family flag

As the “nuclear family” of the 1960s is no longer the norm and Canadians become more accustomed to diverse manifestations of the family model, family lawyers and judges across the country are faced with increasingly complex fact scenarios, including issues related to multinational families. One such issue is the proper service of divorce or custody applications on a spouse who is living or working abroad. ... [read more]