Representative plaintiffs can be protected from liability

When it comes to civil litigation, Ontario and other provinces have a “loser pays” rule. That means that the party who succeeds in court will typically have a portion of their legal costs paid by the opposing side. This may be daunting to some prospective representative plaintiffs in class actions. However, there are a number […]

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Rehabilitation should be the primary focus of sentencing

The recent passage of Bill C-5 eliminating mandatory minimum penalties (MMPs) for 14 offences in the Criminal Code along with all six offences covered by the Controlled Drugs and Substances Act is both timely and necessary. The federal government states the offences that were removed for mandatory minimums were chosen because of their exaggerated impact. Included is dangerous driving causing

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Taking ‘open approach’ can put mediation on the right track

By Tony Poland, LegalMatters Staff • Success in mediation comes down to using your mediator as your ally, says Toronto-area employment lawyer and mediator Stuart Rudner. “That means being open with me about your case and desired outcome, and giving me the ammunition needed to advance your case,” says Rudner, founder and principal at Rudner

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Reunification therapy restores damaged child/parent relationships

By Paul Russell, LegalMatters Staff • Many lawyers and judges understand the benefits of having orders for reunification therapy included in family law judgments, says Derek Woodruff, co-director of Renew Supervision Services. “Reunification therapy is a way to restore a relationship between a child and an estranged or rejected parent. It’s a form of family

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Fight to save Osgoode Hall grounds will take ‘strong leadership’

By Tony Poland, LegalMatters Staff • Even if Metrolinx wins the right to cut down trees on the venerable Osgoode Hall property, the fight to find an alternative site for a new subway station will continue, vows the Toronto Lawyers’ Association (TLA). “The sound we are hearing is Law Society of Ontario (LSO) benchers of the past

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New legislation will be needed to deal with AI’s expanding scope

By Tony Poland, LegalMatters Staff • With the ever-expanding role of artificial intelligence (AI) in the creative process, Canada’s laws will need to be amended to define and protect intellectual property rights, says Toronto intellectual property lawyer John Simpson. AI has been around for decades and has developed into a formidable tool with increasing applications, says

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Be careful when splitting with a spouse with mental health issues

By LegalMatters Staff • Going through a divorce is stressful. There are financial and legal issues to deal with, especially if there are children or a matrimonial home involved. There is also an emotional toll since divorce can be traumatic for everyone involved. There may be anger and resentment between the ex-partners as they come

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