Court rebukes defence practice of contacting doctors for records

By LegalMatters Staff • A recent court decision should serve as a warning to insurance company counsel who bypass plaintiff’s lawyers to obtain medical records, says Barrie-area litigator Steve Rastin. “This practice violates patient-doctor confidentiality, violates the Rules of Practice and Procedure, violates the Rules of Civil Procedure, however, in some cases it appears to be a longstanding […]

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Dealing with the employment fallout from coronavirus shutdowns

By LegalMatters Staff • The COVID-19 pandemic has led to unprecedented change, uncertainty and questions requiring informed answers, says Toronto employment lawyer Jeffrey M. Andrew. Andrew, co-managing partner with Cavalluzzo LLP, says the unparalleled fallout resulting from the coronavirus has left workers concerned for the future and now is not the time to be afraid

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Legal loopholes allow landlords to push out long-term tenants

By Paul Russell, LegalMatters Staff • The low supply of Toronto rental units not only makes affordable accommodations difficult to find, but many existing tenants paying modest rents are being told they must move out by landlords claiming the units are going to be renovated or are needed for family members, says Toronto paralegal Joyann

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What ‘reasonable risk is a doctor expected to take in COVID-19 crisis?

Those on the frontlines in the battle against COVID-19 deserve the best personal protective equipment (PPE) that is available. If hospital administrators are not willing to give them that, I believe health care workers have the right to refuse to treat those patients until it is provided. I’ve spoken to many anesthesiologists in particular although

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‘Rise to the occasion’ in child custody issues during pandemic

By LegalMatters Staff • Parents must keep the lines of communication open when it comes to shared custody during the COVID-19 crisis, says Toronto family lawyer A. Julia P. Tremain. With courts virtually shut down because of the pandemic, cooperation can go a long way to resolving issues that surface, says Tremain, partner with Waddell

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Workers still have rights when facing layoffs or pay cuts due to COVID-19

By Paul Russell, LegalMatters Staff • Non-unionized employees who have been laid off or told their pay will be reduced should speak to a lawyer to ensure they receive fair treatment, says Toronto employment lawyer Stephen Moreau. “There is a lot of fearmongering out there about companies suffering and their need to reduce their workforce,”

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Take the right legal steps in your personal injury claim

After suffering an injury as a result of someone else’s negligence, you are likely wondering what’s next? Everyone’s journey is different, but this general overview will help inform you about the legal steps. You should be able to focus on rehabilitation and recovery as your lawyers guide you through the legal process. The first step

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What class-action lawsuits in past pandemics can teach us

By LegalMatters Staff • Past pandemics can provide a lesson as we consider the possibility of class actions arising from the coronavirus crisis, says Toronto class-action lawyer Margaret Waddell. In a presentation to the Ontario Bar Association (OBA), Waddell, a partner with Waddell Phillips Professional Corporation, referred to a proposed class-action lawsuit filed on behalf

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It’s important to be careful when ‘sharing’ a trademark

By LegalMatters Staff • Rights can be lost if an owner lets others use their trademark without a clear agreement on terms, says Toronto intellectual property lawyer John Simpson. In a recent court victory Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, acted for the successful plaintiff in a trademark

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Fresh approaches allow the TLA to keep going during virus lockdown

By Paul Russell, LegalMatters Staff • Innovation and a willingness to embrace new technology allow the Toronto Lawyers Association (TLA) to continue its work amid the coronavirus crisis, says executive director/library director Joan Rataic-Lang.  “While the practice of law is an essential service, our association is not, so we had to close our office and

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