Cost award like a ‘bomb going off in the world of LTD litigation’

/ Personal Injury /

By Tony Poland, LegalMatters Staff • A long-term disability (LTD) insurance case involving a woman wrongfully denied benefits even though she suffered from a serious brain bleed was recently awarded almost $3 million in damages, past benefits and court costs and could be a “game changer for disability litigation” says Barrie-area litigator Steve Rastin.  In Baker v. Blue Cross, a jury ordered Blue Cross Life Insurance Company of […]

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Halloween is a time to celebrate but remember to stay safe

/ Personal Injury /

Halloween brings out the kid in just about all of us. Children across Canada, and many millions more throughout the world, wait eagerly for the night of Oct. 31 for the chance to show off their costumes and trick-or-treat. The tradition originated thousands of years ago when people would wear costumes and light bonfires to

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Understanding managers’ and supervisors’ right to overtime

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Managers and supervisors are typically not entitled to overtime pay under the Employment Standards Act, 2000 (ESA) “if the work they do is managerial or supervisory,” but there is more to the analysis than people realize, ​​says Toronto employment lawyer Ellen Low. “Just because somebody says you are a manager doesn’t necessarily mean that

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The right to a timely trial reinforced by court ruling

/ Criminal Law /

By LegalMatters Staff • Charges were recently stayed against a member of the Canadian military who was accused of sexually assaulting a female corporal. The court ruled that the man’s right to a timely trial had been violated, as set out in the Jordan decision. That 2016 Supreme Court of Canada (SCC) ruling states that

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Clogged court system in Alberta lamented by Chief Justice

/ Criminal Law /

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

/ Family Law /

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

/ Family Law /

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’

/ Personal Injury /

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

/ Criminal Law /

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

/ Defamation Law /

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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