Jury pools should never be limited, even during COVID

A fundamental premise of our judicial system is that juries should always be randomly drawn from the broadest pool of candidates as possible. That is why a recent decision by a justice with the Court of Queen’s Bench of Alberta should concern everyone. Addressing potential jurors in an upcoming Calgary sexual assault trial in September, […]

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Slip and fall victims can be plowed under trying to sue municipalities

By Tony Poland, LegalMatters Staff • Provincial and municipal governments use legislation to insulate themselves against slip and fall lawsuits when they should be “held to the same standard” as average homeowners, says Barrie-area litigator Steve Rastin. Rastin, senior counsel at Rastin Gluckstein, says lawmakers enact legislation that makes it more difficult for the average person to file a

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Proposed legislation has something for employers and workers

By Tony Poland, LegalMatters Staff • The provincial government’s proposed Working for Workers Act, 2021 offers two key provisions which should be beneficial to both employers and employees, says Toronto-area employment lawyer Brittany Taylor. Taylor, a partner at Rudner Law, says a prohibition on non-compete clauses and a regulation requiring employers with 25 or more

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Adidas loses battle of the stripes in trademark infringement lawsuit

By Tony Poland, LegalMatters • Adidas’ recent Dutch Supreme Court loss after a 25-year trademark infringement fight with international clothing company H&M illustrates how owning a famous logo can be a “double-edge sword,” says Toronto intellectual property lawyer John Simpson. The Dutch court refused to hear the multinational sportswear company’s appeal of an earlier decision that

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Building a viable defence among the tasks of the self-represented

Once a self-represented defendant makes it past their first appearance, the next step is to start thinking of the actual trial and what defence they will present to the court. A key step involves examining the Crown’s disclosure, or the evidence they have accumulated to establish the accused’s guilt. To read more, click here. Possessing

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Advice on hosting a holiday party during a waning pandemic

By Paul Russell, LegalMatters Staff • The holiday party season is fast approaching, celebrating a year disrupted by COVID-19.  And those planning corporate festivities should keep the pandemic in mind, says Toronto personal injury lawyer Joshua Goldberg, and take the necessary steps to protect employees. “Companies should not be afraid to have a holiday party

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Right to disconnect, non-compete clause highlighted in planned legislation

By Tony Poland, LegalMatters Staff • Legislation proposed by the Ontario government offers some “employee-friendly” provisions but more details are necessary to determine if it can deliver on its promises or if it is simply window dressing,  says Toronto employment lawyer Ellen Low.  The government says if passed, the Working for Workers Act, 2021, which includes the

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Sign up for TLA’s educational online programs, SCC panel discussion

By Tony Poland, LegalMatters Staff • The Toronto Lawyers Association (TLA) is offering a slate of added value educational programs and a popular Supreme Court of Canada panel discussion in the coming weeks that should not be missed, says executive director/library director Joan Rataic-Lang. “We have some interesting programs on the horizon and because they are virtual, people can take part from

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