Order for parental visit at Turkish resort unusual and concerning

By Tony Poland, LegalMatters Staff • A recent family court judgment ordering a Canadian mother to take her daughter to Turkey for a month so the child can visit her Russian father leaves questions and concerns, says Toronto family lawyer A. Julia P. Tremain. Last month, Justice Julie Audet granted a wealthy father’s request to […]

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There is a new regulator in town for Ontario home builders

Ontario’s home-building industry significantly changed on Feb. 1 as the Home Construction Regulatory Authority (HCRA) started operations. The new agency takes over the regulatory and licensing functions previously carried out by the Tarion Warranty Corporation, and I believe the division of powers is a mixed blessing for consumers and the industry. To read more, click

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Sunday work, employees’ right to refuse, and employers’ obligations

By Tony Poland, LegalMatters Staff • While the right to refuse Sunday work is becoming much less common, employers still have a duty to accommodate those who make a legitimate request, says Toronto employment lawyer Jeffrey M. Andrew. Sunday work is not new, especially in the retail sector. In 1992, Ontario’s New Democratic Party amended the Retail

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You could end up in jail for violating someone’s privacy for sexual thrills

If you watch or surreptitiously record someone when they believe they are in a private location, or in a situation where they believe they have privacy, you could be charged with voyeurism. According to the Canadian Oxford Dictionary, a voyeur is “a person who derives sexual gratification from the covert observation of others as they

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The charge of sexual assault is not as simple as it sounds

The charge of sexual assault is often misunderstood. That is not surprising, as it has a very broad application in Canadian law. According to s. 271 of the Criminal Code, sexual assault is any touching of another person without their consent, leading to the sexual integrity of that person being violated. That could include unwanted

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Long-hauler insurance claims could be the next COVID battleground

By Tony Poland, LegalMatters Staff • As vaccines slowly return some normalcy to a world living under the cloud of coronavirus, long COVID threatens to be the next healthcare crisis and it could have a profound effect on long-term disability claims, says Barrie-area litigator Steve Rastin. “Long COVID could very well be the fibromyalgia of

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Cybersecurity case could ultimately help shape privacy litigation

By Tony Poland, LegalMatters Staff • A cybersecurity lawsuit currently before the courts could be the catalyst in defining and expanding the interpretation of the tort of intrusion upon seclusion, says Toronto class action lawyer Margaret Waddell. At issue in Owsianik v. Equifax Canada Co. was “the question of whether a claim for intrusion upon seclusion can succeed against the

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Online child sexual exploitation is a ‘disturbing public safety issue’

Public Safety Canada states, “Online child sexual exploitation is one of the most disturbing public safety issues facing society today.” Visual, written or recorded material that depicts someone who is under the age of 18 engaged in a sex act or displays their genitals is considered child pornography and it can include anything, even an

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Government needs to get proposed disability benefits bill right

By Tony Poland, LegalMatters Staff • The federal government’s pledge to establish a monthly disability benefit is promising but needs to be more than mere window dressing to truly help those who are struggling financially or living in poverty, says York Region disability insurance lawyer Courtney Mulqueen. The Liberal government introduced Bill C-35, the Canada Disability Benefit Act (CDBA), modelled

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The intellectual property protection Banksy wants comes at a cost

By Tony Poland, LegalMatters Staff • The latest attempt by famed street artist Banksy to remain in the shadows while protecting his iconic work from unauthorized reproduction is “an interesting study in the differences between copyright and trademark law,” says Toronto intellectual property lawyer John Simpson. The Sydney Morning Herald reports that the lawyer for a British greeting card company

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