Third-party records ruling by the SCC is disappointing

The decision by the nation’s highest court to uphold rape shield provisions that were ruled unconstitutional by two lower courts is disconcerting to many defence counsel as it limits our ability to defend clients. In June, the Supreme Court of Canada (SCC) ruled that the accused in a sexual assault trial does not have the […]

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Negotiation is always better than litigation in family law

Settling family law disputes through negotiation rather than litigation saves money and leads to a quicker resolution. If your divorce is amicable, we can help you negotiate a settlement that will be approved by the courts. If that is not possible, the lawyers at Demas Schaefer know how to achieve the best results for clients

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TLA seeks input to enhance professional development sessions

By Tony Poland, LegalMatters Staff • With 2022 drawing to a close, the Toronto Lawyers Association (TLA) is offering two more noteworthy educational programs and looking ahead to see how to better serve members’ professional development needs in the coming year,  says executive director/library director Joan Rataic-Lang. “We are trying to be really in tune with what our

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Children and estranged parents benefit from supervised visits

By Paul Russell, LegalMatters Staff • Parents entangled in legal proceedings after a relationship breaks down quickly realize the benefit of working with a service that coordinates and oversees the visits of the child with the non-custodial parent, says Techenia Archer, service support coordinator with Renew Supervision Services. “We are a child-centred organization made up

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Suing for accident damages? You may be in for special attention

By Paul Russell, LegalMatters Staff • People suing for damages after being injured in an accident may feel that someone is watching them. That suspicion could be justified, says Ontario personal injury lawyer Joshua Goldberg. “Since personal injury claims can amount to hundreds of thousands of dollars or more, insurance companies have a real incentive

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Fraud is a ‘high-volume’ crime that has moved online

You can be charged with fraud if police believe you committed an offence where a person or the public was defrauded of any property, money or valuable security or service. Statistics Canada reports there were nearly 40,000 incidents of cyber-related fraud across the nation in 2021. The StatsCan report adds that “while fraud is not

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What’s in a name? In trademark law it can depend on how it is used

By Tony Poland, LegalMatters Staff • Registering a catchy phrase or slogan as a trademark is not the simple matter it may seem and keeping it can be even more of a challenge, says Toronto intellectual property lawyer John Simpson. As the holiday shopping season approaches, Simpson, principal of IP boutique Shift Law Professional Corporation, pointed to a German

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Gluckstein Lawyers lawsuit targets Hamilton cancer centre

By Tony Poland, LegalMatters Staff • The class-actions and mass torts team at Gluckstein Lawyers is representing 12 female cervical cancer patients suing Juravinski Cancer Centre (JCC), Hamilton Health Sciences (HHS) over an equipment error which resulted in erroneously targeted cervical cancer radiation treatment. “It is a sad case,” says senior counsel James Newland, who along with

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Division rules for common-law property have changed

By Sean Schaefer and Mark Demas • Albertans in common-law relationships may believe they are not subject to the same property division rules as married couples. They are, thanks to the passage of the Family Property Act (FPA) in 2020 that significantly altered many of the laws governing common-law relationships, as two family lawyers in

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