Equal bargaining power at heart of termination clause judgment

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • An Ontario Superior Court decision last month that upheld termination provisions in an employee’s contract that were claimed to be in violation of minimum labour standards demonstrates the need to review such agreements to keep up with the times, says Toronto employment lawyer Ellen Low.  In a “somewhat unusual” case, the court found against Farah […]

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Halloween in the time of a coronavirus pandemic

/ Personal Injury /

By Tony Poland, LegalMatters Staff • This Halloween marks the return of trick-or-treating and parties at bars and homes, so it is a good time to put safety first, especially when it comes to COVID social distancing protocols, says Barrie-area litigator Steve Rastin. Rastin, senior counsel at Rastin Gluckstein, says it has been two years since Halloween

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Take action immediately after a painful slip and fall

/ Personal Injury /

By Paul Russell, LegalMatters Staff • As cold temperatures and snow replace warm autumn days, slip and falls grow more inevitable.  If you suffer serious physical damage after a tumble on someone else’s unsalted driveway or adjoining sidewalk in Ontario, a bill passed late last year sharply limits the time period you have to start

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Possessing items that were obtained illegally is its own crime

/ Criminal Law /

Theft is a serious crime but so is possessing items that were obtained through illegal activity. You can be charged with possession of property obtained through crime if you knew, or ought to have known, the origins of the items. To read more, click here. Cases of child luring surge during the COVID-19 pandemic What

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What if an assault complainant doesn’t want to press charges?

/ Criminal Law /

When there is an assault allegation, police look at the evidence before deciding if charges are appropriate. Once those are laid, only the Crown prosecutor has the discretion to have the charges dropped, even if the complainant has a change of heart and asks the charges be withdrawn against the accused. To read more, click

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Don’t make assumptions when claiming constructive dismissal

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • When it comes to making a constructive dismissal claim it is never wise to assume you have the legal high ground, says Toronto employment lawyer Jeffrey M. Andrew. Telling your employer that you have been constructively dismissed, quitting and/or filing a lawsuit without the proper advice can be costly since

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‘The stakes are high’ in extended care order cases

/ Family Law /

By Tony Poland, LegalMatters Staff • A Children’s Aid Society (CAS) extended care order is among the most emotionally difficult issues heard in family court, says Toronto family lawyer A. Julia P. Tremain. Tremain, a partner with Waddell Phillips Professional Corporation, says placing a child in the custody of the CAS can be traumatizing for the entire family and

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Circumstances dictate which defence is best with assault charges

/ Criminal Law /

Police and the Crown treat assault allegations seriously, which is why it is why you should consult with an experienced criminal lawyer if you are being investigated for this offence. In all cases, the best line of defence depends on the circumstances and the evidence. To read more, click here. More from Dunn & Associates: Understanding

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Reverse class action judgment needs to be reversed

/ Class Action /

By Tony Poland, LegalMatters Staff • The recent decision of the Federal Court of Appeal addressing certification of a defendant’s class action demonstrates a fundamental misapprehension of the essential differences between a plaintiff’s class action and a defendant’s class proceeding says Toronto class-action lawyer Margaret Waddell.   Waddel, a partner with Waddell Phillips Professional Corporation, says the recent decision

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