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

/ Intellectual Property /

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

/ Class Action /

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

/ Family Law /

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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Employee theft is typically involved in a criminal breach of trust

/ Criminal Law /

A criminal breach of trust occurs when someone abuses a position of authority for self-benefit and against the interests of the person to whom they owe the duty of trust. This charge is most commonly laid where an employee steals from their employer. Examples of criminal breach of trust could include theft from an employer,

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Choosing the right path in a divorce can reduce stress

/ Family Law /

By Tony Poland, LegalMatters Staff • Divorces can be stressful and expensive, which is why it is important to carefully consider all your options to ensure you are taking the right path, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says people have four choices when divorcing: litigation, mediation,

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Legal advice makes sense when considering a severance package

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Severance packages come in different forms so it only makes sense to explore all your options before signing away your rights, says Toronto employment lawyer Ellen Low. Whether you are an employee being presented with a package or an employer considering a termination, seeking legal advice can lead to a

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Cochlear implants are a game changer but risks remain

/ Class Action /

Our son Maclain was born prematurely in August 2007. His recovery from a difficult birth appeared to be going well but while he was being cared for in hospital he developed jaundice and obvious symptoms of bilirubin neurotoxicity, such as lethargy and irritability. This led to Kernicterus, a devastating and preventable condition, leaving him with severe cerebral

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