Judicial system reaches for the cloud as it embraces technology

By Paul Russell, LegalMatters Staff • Efforts by the Ministry of the Attorney General to introduce more electronic technology into day-to-day courtroom operations is great news for both the legal community and the general public, says Brett Harrison, president of the Toronto Lawyers Association (TLA). “The TLA has always been a big proponent of the […]

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Common defences for those who have been charged with assault

Police forces and the Crown Attorney’s office treat assault very seriously. If you are charged with this crime, seek the guidance of legal counsel who can help you start building the best defence possible. Every case is unique but there are some of the key defences available to you. The best defence is self-defence Everyone

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Be prepared for your trial date in Small Claims Court

By Paul Russell, LegalMatters Staff • If your Ontario Small Claims Court matter is not resolved at settlement conference you better start getting ready for an appearance before a trial judge, and careful preparation is key, says paralegal Joyann Oliver. “Before the trial date, self-represented litigants or legal representatives have to put together a book

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Five key recommendations on proposed defamation law

Toronto lawyer Howard Winkler says he is hopeful his firm’s recommendations on defamation law reform find their way to new legislation. In April, Attorney General Doug Downey asked Winkler and other stakeholders to provide feedback about proposals contained in the Law Commission of Ontario (LCO)’s report titled Defamation Law in the Internet Age. He and

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‘The demise of waiver of tort as an alleged cause of action’

By LegalMattersStaff • A recent Supreme Court of Canada (SCC) ruling that found that waiver of tort doesn’t exist as a cause of action in Canadian law provides “a much clearer roadmap” for cases moving forward, says Toronto class-action lawyer Margaret Waddell. In Atlantic Lottery Corp. Inc. v. Babstock, the SCC set aside the certification

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Tinted windows in automobiles: are they permitted in Ontario?

Police have repeatedly stated that a major cause for road violence is distracted driving with people continuiung to drive, read texts, read directions and answer emails all while navigating two tons of metal on our streets.   Trying to charge and prosecute distracted drivers can be difficult, and a significant impediment to finding out what

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What evidence can be used by the defence in sexual assault trials?

When I’m representing a client accused of sexual assault, the defence we build is tailored to reflect the evidence to be presented. The primary evidence is testimony, with the alleged victim giving their version of the events in question. Since many sexual assault charges are not laid until months, or even years, after the alleged

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Appeal court ruling raises questions, concerns about ATE insurance

By LegalMatters Staff • A recent Ontario Court of Appeal decision “raises more questions than answers and highlights the landmines” associated with after-the-event (ATE) legal protection insurance, says Barrie-area litigator Steve Rastin. In the case, the plaintiff lost at trial and a dispute afterward as to who was entitled to a $100,000 ATE policy. “After-the-event

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Courts perpetuating disregard toward role of grandparents

By Paul Russell, LegalMatters Staff • Canadian courts need to recognize the important role grandparents play in their grandchildren’s lives when it comes to legal battles over access, says Toronto family lawyer Gene C. Colman. “We should have a consistent philosophy throughout all family law that the best interests of the child is the only

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