Section 2 of the Criminal Code defines a firearm as a “barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for […]
What is a firearm? It’s not always a simple question Read More »
By Tony Poland, LegalMatters Staff • Changes to the Divorce Act were a long time coming but the steps taken should have a positive impact, especially when it comes to family violence, says Toronto family lawyer A. Julia P. Tremain. The federal Act has not been substantially modified in more than 20 years. The revamped legislation, which took effect on March
There’s ‘plenty to be unpacked’ with revamped Divorce Act Read More »
By Tony Poland, LegalMatters Staff • The provincial government’s proposed Accelerating Access to Justice Act, 2021 has much to offer but falls short when it comes to judiciary appointments, says Brett Harrison, president of the Toronto Lawyers Association (TLA). “By and large most people in the profession will appreciate these amendments. There are plenty of meaningful revisions,” Harrison tells LegalMattersCanada.ca. “This bill
Justice Act amendments come up short on judiciary selection Read More »
By Tony Poland, LegalMatters Staff • Egregious acts of discrimination can be costly as one employer learned with a B.C. Human Rights Tribunal award of almost $1 million, says Toronto employment lawyer Ellen Low, adding damage settlements tend to be trending upward. The British Columbia government was recently ordered to pay a former corrections officer $974,167, including $176,000 for
Employer learns the high price of workplace discrimination Read More »
When prosecuting a charge of robbery the Crown often seeks a sentence that includes a jail sentence. That’s because the use of force, or at least the implied threat of violence, is part of the crime. If a gun was involved, incarceration is almost a certainty. To read more, click here. Finding the best defence strategy
Punishment for armed robbery is almost always jail time Read More »
Estate planning clients are often under the misunderstanding that they have the ability to choose a permanent custodian or guardian for their minor children under a Last Will and Testament. However, while parents in Ontario can appoint someone in their wills to assume custody of their minor children upon death, the ultimate determination of custody
Can child custody directives in a will be enforced? Read More »
By Tony Poland, LegalMatters Staff • More “express regulation” is necessary to protect the basic rights of poorly paid gig workers, says Toronto employment lawyer Jeffrey M. Andrew. Andrew, partner with Cavalluzzo LLP, says it’s not necessarily a matter of introducing new labour laws but finding ways to enforce what is already on the books. “The law is
Governments can do more to help underpaid gig workers Read More »
By Tony Poland, LegalMatters Staff • Racialized and immigrant communities often face barriers preventing them from receiving the mental health care they deserve and the stresses of the past year have exacerbated a troubling issue, says Toronto and Markham-area disability lawyer Rupa Karyampudi. Karyampudi, a partner at MK Disability Lawyers, says there are many people suffering from mental
Path to mental health care can be difficult for immigrants, racialized Read More »
A recent Superior Court of Justice decision clearly illustrates that an employee’s pregnancy at the time of her termination is a real factor when it comes to deciding on the length of a notice period upon termination. In Nahum v. Honeycomb Hospitality Inc., the plaintiff was about five months pregnant when she was dismissed without
Reasonable to believe that pregnancy a barrier to finding work Read More »
By Tony Poland, LegalMatters Staff • The Tragically Hip’s trademark infringement lawsuit against Mill Street Brewery may raise the question of whether appropriating something of iconic cultural significance can be justified but any such argument is unlikely to succeed, says Toronto intellectual property lawyer John Simpson. In a lawsuit filed in Federal Court last month, it is alleged the
Tragically Hip lawsuit against brewer is a ‘run-of-the-mill’ case Read More »
