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Wednesday, May 23, 2018 @ 9:22 AM

When it comes to blended families, a detailed will is crucial blended_family_sm

Lawyers often get criticized for nagging clients (and potential clients, and family members, and friends) about the importance of making a will, but it’s really just that we know, better than most, the unfortunate consequences of dying intestate. And when you’re working with blended families, it can get even more difficult. ... [read more]

Tuesday, May 22, 2018 @ 1:05 PM

Bill C-75: Erasing due process one amendment at a time cartoonladyjustice_cm.jpg

Bill C-75 comes on the heels of Bill C-51, the government’s response to R. v. Ghomeshi [2016] O.J. No. 1487.  Like the fundamental flaws found in Bill C-51, this bill was cobbled together with little to no research regarding trial fairness and due process. If passed, the Charter rights that Prime Minister Justin Trudeau’s father worked so hard to enshrine will be erased one amendment at a time. Due process is eliminated through four major amendments in Bill C-75. ... [read more]

Tuesday, May 22, 2018 @ 9:05 AM

The new and the exciting in this year’s Ontario property taxes property_tax_sm

New and exciting? Is this article really about property taxes? Yes, it is. It has been over twenty years since the province introduced the Current Value Assessment system and concepts such as tax capping and clawbacks, vacant unit rebates and tax classes and sub-classes. Both the province and the City of Toronto have announced some exciting changes for 2018. ... [read more]

Tuesday, May 22, 2018 @ 8:55 AM

Definitive deference: How courts treat consultants’ decisions construction_consultant_sm

The consultant’s role on a construction project is important and includes interpreting the underlying construction contract, certifying work as sufficiently complete for interim or final payment, rejecting work which fails to conform to the contract and determining deductions for any defective work. The consultant must be impartial in fulfilling its duties, including its decisions as to entitlement as between the owner and the contractor. This can be particularly difficult where either the owner or the contractor disagrees with the findings. ... [read more]

Friday, May 18, 2018 @ 11:06 AM

Recreational marijuana is about to be legalized: What employers need to know guysmokingpot_sm.jpg

Recreational marijuana is about to become legal in Canada, possibly as early as July 1, 2018. Individuals will soon have the right to buy, use and possess marijuana. As recreational marijuana use becomes available for consumption it will become more widely accepted. Consequently, employers have heightened concerns about the possibility of employees using or possessing marijuana in the workplace. But what do these legislative changes really mean for workplaces in Ontario? ... [read more]

Friday, May 18, 2018 @ 9:00 AM

Using the mediation solution to avoid the perils of litigation sibling_mediation_sm

A civil lawsuit involving families is sad and damaging, and can quickly degenerate into a pathological experience. Unfortunately, inter-familial disputes are becoming more common with aging baby boomers in the process of passing a huge amount of wealth – $750 billion – to the next generation over the next ten years. ... [read more]

Thursday, May 17, 2018 @ 9:31 AM

Living in splendid isolation: 10 lessons learned enforcing an Ontario judgment in Mexico mexican flag

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico. ... [read more]

Thursday, May 17, 2018 @ 8:44 AM

Practical advice on working with a damages expert business_valuation_sm

In commercial civil disputes, it is common to call upon expert witnesses to quantify damages or to value business enterprises that are alleged to have suffered following some failure on the part of a defendant. Interfacing with expert witnesses — giving them instructions, providing to them evidence — can be tricky. ... [read more]

Thursday, May 17, 2018 @ 8:35 AM

Post-loss settlement bars insurer’s subrogated action apartment_fire_sm

In insurance law, subrogation refers to an insurer’s right to sue the party responsible for causing a loss to an insured in order to recover money paid out to its insured to satisfy a claim. Since a subrogating insurer is limited to enforcing only such rights its insured has against the party that caused the loss, problems can arise when an insured settles its uninsured losses with the tortfeasor and provides a general release of liability. In such circumstances, is the insured’s post-loss settlement effective to preclude the insurer’s subrogated action? ... [read more]

Wednesday, May 16, 2018 @ 8:48 AM

Preventing POA misuse: The importance of law reform in Ontario elder_lawyer_sm

In recent years, the importance of having a power of attorney for property in place for estate planning purposes has been emphasized given our aging population, and there has been corresponding growing litigation in the area. Serious concerns have been raised on the accountability of an appointed attorney and the lack of education provided to an attorney before stepping into such role. ... [read more]