Clogged court system in Alberta lamented by Chief Justice

By LegalMatters Staff • The lack of timely trials in Alberta was recently addressed by Canada’s top judge. “In Alberta, 22 per cent of criminal cases exceeded the 30-month delay set out in the [Jordan Decision] and 91 per cent of those cases involve serious and violent crimes,”  Chief Justice Richard Wagner said in June, […]

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Taking time to make a parenting agreement is worth the effort

By Tony Poland, LegalMatters Staff • A carefully crafted and detailed parenting agreement may not only help avoid frustration and conflict but can save unnecessary court costs, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says taking the time to consider all contingencies when putting a plan in place

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Make your children your first priority during a divorce

By LegalMatters Staff • Children caught up in a divorce may feel confused and helpless. As the Canadian Paediatric Society states, “children experience feelings of loss when one parent leaves the family.” In high-conflict divorces, they may feel relief that the tension between their parents has subsided. But even with amicable divorces, parental separation may

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Studies show that ‘Halloween is the deadliest night for pedestrians’

By Paul Russell, LegalMatters Staff • Children love to dress up for Halloween and be rewarded with candy as they trick-or-treat. But Oct. 31st also presents dangers that adults must be aware of, says Ontario personal injury lawyer Joshua Goldberg. “As young people head out of the house in colourful costumes to knock on doors,

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Canadians have a right to engage in self-defence, within reason

By LegalMatters Staff • Canadians who are unsure about their rights when it comes to self-defence can look to s.34 of the Criminal Code. It states you are allowed to take action to defend yourself if force is being used against you or another person and your response is “reasonable in the circumstances.”  “Those last

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A simpler, faster way to handle defamation actions

By Paul Russell, LegalMatters Staff • If Ontario wants to reduce the number of defamation suits that are launched it should take a lesson from the United Kingdom and Australia, says Toronto defamation lawyer Howard Winkler. “The Ontario government implemented the current anti-SLAPP (strategic lawsuits against public participation) legislation in an effort to protect expressions

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Employers have a duty to thoroughly investigate disability claims

By Tony Poland, LegalMatters Staff • A recent arbitration decision ordering a trucking company to reinstate a worker who was fired following a drunk driving accident is a reminder of the importance of due diligence, says Toronto employment lawyer Jeffrey M. Andrew. According to CBC News, a driver was arrested with a blood-alcohol level of 0.18 –

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Traffic accidents are a fact of life but most can be avoided

There has been an increase in traffic fatalities and injuries on Ontario roadways this year and it will take a concerted effort to help reduce this alarming trend.  At the halfway point of this year, the Ontario Provincial Police (OPP) warned that 2023 could end up being “another notably tragic year on roads.” By late

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Levi’s lawsuit demonstrates the many sides of trademark law

By Tony Poland, LegalMatters Staff • Just as trademarks can take many forms so too can trademark infringement, says Toronto intellectual property lawyer John Simpson, pointing to a recent lawsuit filed by Levi’s. In a multi-pronged lawsuit, it is alleged designer Coperni infringed on the trademark rights held by Levi’s for its “Arcuate” pocket stitching pattern

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Police body cameras are a step toward accountability

By LegalMatters Staff • All Alberta police officers on patrol will soon be equipped with body-worn cameras (BWCs) in an effort to keep them accountable and provide video evidence of interactions with the accused during the arrest. The Calgary Police Service has mandated their use since 2019. In addition, police vehicles are equipped with dashboard and

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