By LegalMatters Staff • Anyone driving during the holiday season may find themselves waved over by a police officer at a checkstop. Police have broad discretionary powers to demand that any driver submit to a breath sample, even if they are not showing signs of impairment. “At a checkstop, you are legally obliged to comply […]
Impaired driving ‘one of the most heavily litigated areas’ of law Read More »
By Tony Poland, LegalMatters Staff • Overnight parenting time can have a positive impact on the family as long as the child’s best interest remains at the forefront, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says studies have shown that starting overnight visits at a young age benefit
When overnight parenting time begins depends on the family Read More »
By LegalMatters Staff • Once a home seller and a buyer formally sign a standard sales agreement, a deal is a deal. If either party wants to back out, there will likely be legal and financial consequences. “A signed formal purchase agreement is a binding contract and cannot be rescinded without the consent of the
Reneging on a home sales agreement can be costly Read More »
By Paul Russell, LegalMatters Staff • A recent Ontario Court of Appeal decision is a good example of anti-SLAPP legislation being applied properly, says Toronto defamation lawyer Howard Winkler. “In the case of Volpe v. Wong-Tam, the combination of the motion decision, as modified by the Court of Appeal, gets the current state of the
A good example of anti-SLAPP legislation done right Read More »
By Paul Russell, LegalMatters Staff • Ontario personal injury lawyer Joshua Goldberg says that one of the first questions prospective clients ask is how much they can expect to receive if they are successful in their legal action. “The answer always is, ‘It depends,” he says. “I am not trying to be evasive. It is
Many variables help determine compensation for an injury Read More »
Holiday parties are a time to gather with family, friends, or coworkers in seasonal celebration. It can be a busy and fun time, however caution should be taken, both as a host and a party-goer. The dangers of impaired driving are well publicized. Still, despite increased awareness and stricter laws, an average of 10 federal
Holiday party hosts need to be aware of their responsibilities Read More »
By Tony Poland, LegalMatters Staff • Concerned about a decline in civility and professionalism within the legal profession, the Toronto Lawyers’ Association (TLA) has released a comprehensive report examining “the palpable change in the way lawyers engaged with each other” to open dialogue and find answers to the problem. The Report on Civility and Professionalism is a months-long
TLA addresses professionalism and civility in the legal profession Read More »
By LegalMatters Staff • Domestic assault encompasses various forms of physical and emotional violence, threats or abuse within familial or intimate partner relationships. It can include sexual assault, harassment, stalking or financial control. “While there isn’t a specific ‘domestic assault’ offence in the Criminal Code, there are a variety of charges that may be applicable,”
Domestic assault can start when you belittle your partner Read More »
By Tony Poland, LegalMatters Staff • Toronto intellectual property lawyer John Simpson says he expects the Supreme Court of the United States (SCOTUS) will back that country’s patent and trademark office decision to deny trademark protection in the “Trump too small” T-shirt flap. Political activist Steve Elster had sought to register the suggestive phrase as a slogan
‘Trump too small’ slogan is not deserving of trademark protection Read More »
The Ontario government recently introduced Bill 194, which proposes amendments to the Working for Workers Act that was first adopted as law in 2021 and will amend various aspects of the Ontario Employment Standards Act (ESA). As with the previous versions, the planned amendments offer marginal advancements in workplace rights. While the government claims it
Proposals to update the Workers Act offer minor victories Read More »
