Intensity and insight ripple through speeches by award-winning lawyers

By Paul Russell, LegalMatters Staff • A passion for social and legal justice was clearly evident in speeches given by the three award winners at the 20th Annual Toronto Lawyers Association Gala, honouring litigators at different stages of their careers. In accepting the Emerging Excellence award – given to someone who has been in practice […]

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The plight of alienated parents has been the focus of the groundbreaking documentary, Erasing Family.

Alienated parents, and lawyers, need to know remedies are available

By Paul Russell, LegalMatters Staff • Parents alienated from their children by the other partner need to know there are things that can be done to improve the situation, and their lawyers should educate themselves on when and how to use any of the available remedies, says Toronto lawyer Gene C. Colman. “When you have

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Nuanced rules around appealing an LTD claim allow for some flexibility

By Paul Russell, LegalMatters Staff • Three Ontario Court of Appeal decisions show that the limitation period to appeal a denial for long-term disability (LTD) benefits does not necessarily begin as soon as the original claim is rejected says Barrie-area personal injury lawyer Steve Rastin. “Recent case law supports the idea that these periods are

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Thousands of litres of wine, followed by a man’s job, go down the drain

By Paul Russell, LegalMatters Staff • A B.C. winery was justified in firing with cause an employee whose carelessness led to almost 6,000 litres of wine being dumped down the drain, though the results may have been different if the same thing happened in Ontario, says Toronto employment lawyer Ellen Low. “If someone is fired

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Rail blockade illustrates the ambiguity of legal rights

By LegalMatters Staff • The recent Indigenous-led rail disruption across Canada is a prime example of the need to understand the difference between positive and negative rights, says Alberta Indigenous rights litigator Leighton Grey. Grey, a senior partner with Grey Wowk Spencer LLP, says while the Supreme Court confirmed First Nations’ authority over their land

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Protect your rights before starting a common-law relationship

By LegalMatters Staff • With more Canadians choosing to live common law it is important to make sure your property rights are protected in case the relationship breaks down, says Toronto family lawyer A. Julia P. Tremain. In the past few decades, relationship arrangements in Canada have changed with marriage rates declining, according to a recent Statistics

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Reckless play in a ‘beer league’ game can come with a cost

By LegalMatters Staff • A $700,000 judgment against a recreational league hockey player for a hit against an opponent is a warning to others who “carry themselves in a negligent manner,” says Ontario trial lawyer and safety advocate Patrick Brown. “If you are going to act recklessly on the ice and hit people when you

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Get the information you need on trusts when planning your estate

By Kenneth C. Pope • When planning your estate it only makes sense to understand the difference between inter vivos and testamentary trusts. An inter vivos trust (IVT) is often referred to as a living trust because it created living people rather than on a death and can be distributed either before or after a beneficiary’s

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The difference between going to mediation and winning at mediation

By LegalMatters Staff • Lawyers who properly prepare for mediation increase their chance for success, says Toronto-area employment lawyer and mediator Stuart Rudner. Rudner, founder and principal at Rudner Law who has more than two decades of practice and several years of work as a mediator, says “there’s a big difference between going to mediation and winning at mediation.”

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Know what is involved when applying for CPP disability benefits

By Paul Russell, LegalMatters Staff • People suffering from a disability that prevents them from working may be entitled to receive Canada Pension Plan Disability Benefits, with their likelihood for approval increasing dramatically if they follow the right steps, says Toronto paralegal Joyann Oliver. “The process of proving eligibility for the benefits can be overwhelming,

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