Who gets the pet can make for a contentious divorce

By Tony Poland, LegalMatters Staff • Pets are commonly considered members of the family and they can become the focus of litigious custody disputes in a divorce or separation so it is important for cooler heads to prevail when couples part ways, says Toronto family lawyer A. Julia P. Tremain. “The issue of pet ownership can

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Anti-SLAPP legislation is failing. Here’s a possible fix

Anti-SLAPP legislation is not achieving its goal of providing an early expeditious means of preventing the misuse of the judiciary by litigants who unduly attempt to silence expression related to matters of public interest. The Supreme Court of Canada (SCC) has said the crux of these motions is the weighing of interests under section 137.1(4)(b)

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Assumption not enough to win class-action certification

By Tony Poland, LegalMatters Staff • Preparation is vital in getting a class-action lawsuit past the all-important certification stage, says Barrie-area litigator Steve Rastin.  Rastin, senior counsel at Rastin Gluckstein, says failing to win certification can be the death knell of a class action. However, if the plaintiff is successful, “what often follows is some sort of serious settlement

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Important to keep an eye to the future in co-branding deals

By Tony Poland, LegalMatters Staff • Co-branding deals can help businesses expand their market but caution is required when entering into such agreements. It is especially important to consider what happens when the partnership ends, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, points to a recent

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COVID vaccination policy terminations bring new questions

By Tony Poland, LegalMatters Staff • The recent dismissal of almost 500 City of Toronto workers for failing to comply with a COVID-19 vaccination policy is certain to lead to a surge in wrongful dismissal court cases and grievances for wrongful dismissal, says Toronto-area employment lawyer Geoffrey Lowe. But until there is more direction from the

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Foreign-trained nurses will help in fight against COVID

I am pleased to see that 50 Ontario hospitals will receive a welcome infusion of 300 foreign-trained nurses this coming week as they grapple with rising COVID-19 cases, with many more internationally trained nurses to follow. This sidestepping of the usual rules regarding nurse certification comes after a collaboration between Ontario Health and the College

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Large theft and fraud offences can result in jail sentences

Theft and fraud are two of the most common offences committed in Canada. But if the amount stolen or defrauded is more than $5,000, the penalties for each crime rise substantially, with 14-year prison terms the maximum punishment for fraud. To read more, click here. More from Dunn & AssociatesWhite-collar crime in Alberta can take

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TLA helps members get a jump on next year’s bencher elections

By Tony Poland, LegalMatters Staff • The Law Society of Ontario’s (LSO) bencher elections may be a year off but the Toronto Lawyers Association (TLA) has plans to ensure members are “informed and engaged,” says president Michael White. “In contemplation of historically low voter turnout and engagement the TLA will need to get ahead of this campaign. Although it

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