By Paul Russell, LegalMatters Staff • As she starts her second one-year term on the executive of the Administrative Law section of the Ontario Bar Association (OBA), Jillian Siskind says she is excited by the work and camaraderie that lie ahead. “It really is a valuable support for the profession,” says Siskind, principal at Jillian […]
Executive position on the OBA offers both challenges and rewards Read More »
Summer in Ontario means spending more time in the water – lakes, rivers and ponds. Unfortunately, the summer season also correlates with an increase in water-related injuries and fatalities, including drownings. In an effort to focus community attention on downing prevention, the Lifesaving Society has designated the third week of July as National Drowning Prevention Week.
Natural waters: Risks to check before jumping in Read More »
Various sources have reported an anticipated increase in divorces stemming from COVID-19. Stay-at-home orders force couples to spend all day every day together, creating or exacerbating tension; people are struggling with job loss; parents are overwhelmed with having kids at home instead of school. But whether the pandemic contributes to your decision to divorce or
The coronavirus lockdown could affect your divorce in various ways Read More »
Sexual assault is one of the most under-reported – and misunderstood – crimes in Canadian law. The Criminal Code defines it as any touching of another person without their consent where the touching is of a sexual nature, or where the sexual integrity of the alleged victim is violated. Sexual assault includes unwanted kissing or
Sexual assault is very common, and also very misunderstood Read More »
By LegalMatters Staff • Working from home brings with it a learning curve and new challenges that can affect employment rights, says Toronto employment lawyer Ellen Low. A vast number of people are settling into home offices as the shift to working remotely that was forced by the coronavirus shutdown appears to be a more
Employees face ‘a whole new ball game’ working from home Read More »
A Supreme Court of Canada (SCC) ruling that found an arbitration clause in an Uber driver’s contract invalid can be seen as both a positive and a negative, says Toronto class-action lawyer Margaret Waddell. In the claim brought by former UberEats driver David Heller, the majority decision found that the provision forcing him to seek
Two sides of the coin to SCC ruling on UberEats contract Read More »
The British Columbia Court of Appeal recently ordered a new trial for one of my appellant clients convicted of sexual assault, in an important appeal which chips away at R. v. W.D. – the standard “credibility assessment” case which sets rigid rules for determining credibility in a she-said/he-said confrontation. Sexual assault is always a serious
When rape is alleged, our courts should not rush to judgment Read More »
In an attempt to salvage businesses that have been hit hard by the COVID-19 pandemic, many cities in Ontario are approving plans to allow restaurants and bars to expand their patio space onto sidewalks or into the street. While this is great news to many Ontarians hoping to get back to a normal way of
Does expanding patios mean expanding business liability? Read More »
There have been positive applicant decisions arising from the License Appeal Tribunal (LAT) that deserve to be in the spotlight. The recent LAT decisions are the following: Attendant Care awarded when the applicant is working in an intellectually challenging vocation (as a lawyer) Enforcing a summons to an adjuster (in person) for examination on a
Shedding a light on recent Licence Appeal Tribunal decisions Read More »
A few decades ago, the slogan “no means no” was commonly used in campaigns to educate the public about date rape and respecting boundaries. It still applies because if someone says “no” or “stop” and you don’t listen, you are committing an assault. But sexual consent goes well beyond that, and it is not just
What is sexual consent and why is obtaining it so important? Read More »
