When mom or dad leaves: Effects of separation or divorce

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

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

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

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

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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Court of appeal decision provides clarity in termination cases

By Tony Poland, LegalMatters Staff • A recent Ontario Court of Appeal (ONCA) ruling clarifies the threshold to establish wilful misconduct under the Employment Standards Act, 2000 (ESA) and provides guidance on how to assess sexual harassment in the workplace, says Ontario employment lawyer Nadia Zaman. The case involved the manager of a company who

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Mental health ‘shadow pandemic’ may be an issue for years

By Tony Poland, LegalMatters Staff • A rise in mental health issues during the COVID-19 crisis has resulted in a “shadow pandemic” and many people are not getting the help they need and deserve, says Toronto and Markham-area disability lawyer Rupa Karyampudi. According to the World Health Organization, the coronavirus pandemic has “led to a worldwide increase in

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Toronto Lawyers Association’s new president hits ground running

By Tony Poland, LegalMatters Staff • Building on the successes of the past year, Toronto Lawyers Association (TLA) president Erin O’Donovan says she is ready to take on the challenges that lay ahead. “The TLA is a volunteer board and we have plenty of engagement by the executive and board members. When new issues arise that impact lawyers in

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Police can exercise their power when protests turn illegal

If a demonstration remains peaceful and does not impede the lawful activities of others for an extended period, police will allow the participants to exercise their right to protest. During the three-week truckers’ protest in Ottawa, many people were surprised the police did not move in sooner since there were reports of illegal activity throughout

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