Another court ruling raises questions about termination clauses

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • A recent Ontario Superior Court decision may have some employers wondering once again if they should redraft the termination provisions in their employment contracts, says Toronto employment lawyer Ellen Low. In Dufault v. The Corporation of the Township of Ignace, Justice H. M. Pierce held that the termination provisions […]

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Trademarks Act not meant to protect Canadian sensibilities

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • The purpose of a trademark is to identify the source of goods and services while providing legal protection for a brand, not to protect people’s sensibilities, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says if governments

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Pharmacogenetic testing can help those with mental health issues

/ Disability Law /

By Tony Poland, LegalMatters Staff • With the ability to determine a patient’s potential response to medications based on their genetics, pharmacogenetic testing is a worthy investment that would quickly pay for itself, predicts Ontario disability insurance lawyer Courtney Mulqueen. Mulqueen, principal lawyer of Mulqueen Disability Law Professional Corporation, says pharmacogenomics combines the sciences of

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Optional coverage is the wrong way to cut insurance rates 

/ Personal Injury /

By Paul Russell, LegalMatters Staff • Proposed changes to the auto insurance system in Ontario may allow drivers to reduce their insurance premiums but that may result in financial hardship down the road, says Ontario disability and personal injury lawyer Joshua Goldberg. “The government has suggested people can lower their premiums by opting out of

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Legally registered firearms rarely used to commit criminal acts

/ Criminal Law /

By LegalMatters Staff • Legitimate firearm owners have long argued that gun control legislation singles out them instead of criminals using unregistered weapons. A recent Statistics Canada report confirms that position “Among homicides where information was available, the accused had a licence in only 13 per cent (16 out of 119 homicides) involving handguns and

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TLA library adds new databases to impressive resource collection

/ Legal Services /

By Tony Poland, LegalMatters Staff • The Toronto Lawyers’ Association’s (TLA) Courthouse Library may be the “best kept legal secret” in the city but it is also arguably one of the most valuable resources available to members of the Toronto Bar, the judiciary, articling students and the public, says executive director/library director Joan Rataic-Lang. “Access

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Grandparents don’t have automatic right of access to grandchildren

/ Family Law /

By Tony Poland,  LegalMatters Staff • Grandparents can play a meaningful role in their families’ lives but what happens when parents don’t want them interacting with their children? While family courts have stated that it can be beneficial for a child to have contact with their grandparents, that doesn’t necessarily mean grandparents have an automatic

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What is the offence of sharing intimate pictures online?

/ Criminal Law /

By LegalMatters Staff • Two common reasons for the non-consensual distribution of intimate images are revenge porn and cyberbullying, though some people may not know what those terms mean. “Revenge porn describes the act of receiving an intimate image or video from someone and then distributing it without their consent,” says Ottawa criminal lawyer Céline

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