It is time for Canada to go ‘Dutch’ on health care

/ Health Law /

Canada’s current model for providing health care is unsustainable. Despite having one of the highest per-capita spending levels of developed countries, long wait times, overcrowded emergency departments and a shortage of family doctors are issues plaguing most communities across the nation. Canada should instead look abroad for a solution, specifically to the Netherlands. The land […]

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Infectious Disease Emergency Leave deeming provisions are ending

/ COVID-19, Employment/Labour /

By Tony Poland, LegalMatters Staff • The deeming provisions of the Infectious Disease Emergency Leave  (IDEL) are set to end as of July 30, so employers would be wise to ensure they are ready for the change, says Toronto-area employment lawyer Brittany Taylor. “You don’t want to be making the decision on what you need

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You have been injured in a boating accident. Now what?

/ Personal Injury /

By Paul Russell, LegalMatters Staff • Few things are more relaxing than spending time out on the water during the summer. But if you are hurt due to the actions of others, you may be entitled to damages, advises Toronto personal injury lawyer Joshua Goldberg. “While there are some similarities between the legal options available

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Inappropriate workplace behaviour ‘dangerous to your career’

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Recent court rulings demonstrate the consequences that inappropriate behaviour in the workplace can bring, says Toronto employment lawyer Jeffrey M. Andrew. “It is important for those in the workforce to understand that the employment world has changed. There is much less tolerance for behaviour such as sexualized banter or any

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When mom or dad leaves: Effects of separation or divorce

/ Legal Services /

No one wants a relationship to end, but sometimes it becomes too difficult to live together as a couple. Separation becomes more complicated when children are involved. Often, both parents feel hurt and angry toward each other for the disappointments of what might have been. Separation or divorce is a great loss for a family,

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Mariah Carey copyright case reveals need to deter abusive lawsuits

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • A recent copyright infringement claim targeting Mariah Carey’s iconic song All I Want for Christmas is You demonstrates the need for stronger deterrents for questionable lawsuits, says Toronto intellectual property lawyer John Simpson. Singer and songwriter Andy Stone filed a US$20-million lawsuit claiming he co-wrote a song with the same name five

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Appeal court restores clarity around illegal termination clauses

/ Employment/Labour /

By Paul Russell, LegalMatters Staff • The Court of Appeal decision in Rahman v. Cannon Design Architecture makes it clear that illegal termination provisions in employment contracts make those provisions void in all circumstances, says Toronto employment and labour lawyer Stephen J. Moreau.  “The uncertainty around this issue that was raised by the lower court decision our client

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Still no closer to an answer in issue of proving legal causation

/ Personal Injury /

By Tony Poland, LegalMatters Staff • The challenge of proving legal causation is often misunderstood and a recent divisional court decision dealing with a catastrophic injury claim does little to clarify the issue, says Barrie-area litigator Steve Rastin. Rastin, senior counsel at Rastin Gluckstein, says the court made the correct decision in Thiruchelvam v. RBC

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Emergencies Act is meant for ‘urgent and critical’ situations

/ Criminal Law /

After three weeks of the truckers’ protest in February, the federal government invoked the Emergencies Act for the first time since its passing in 1988. That move was immediately denounced by many, as s. 3 of the Act defines a national emergency as an “urgent and critical situation of a temporary nature” that “seriously endangers

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