Physical and mental disability claims could surge due to COVID

/ Disability Law /

By Paul Russell, LegalMatters Staff • A significant increase in disability insurance claims can be expected as Canada continues to contend with the COVID-19 pandemic, predicts disability lawyer Leanne Goldstein. “We are now seeing just a fraction of what is coming,” says Goldstein, founder and senior lawyer at Leanne Goldstein Law Professional Corporation. “With delays in the […]

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Do your homework before firing an insubordinate worker

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Ensuring the punishment fits the crime must be the overriding factor in any termination but many employers act too hastily and that can be costly, says Toronto-area employment lawyer and mediator Stuart Rudner. There can be nothing more expensive than regret, which is an appropriate adage to consider when

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TLA has online programs needed for professional development

/ Legal Services /

Members of the Toronto Lawyers Association can take advantage of a range of online programs and sessions that will assist them in running a practice as they earn Continuing Professional Development credits. “These programs are developed and attended by your local colleagues, lawyers from the Toronto area, and encompass subjects such as legal trends, advocacy,

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Court issues ‘real-world ruling’ in appeal of civil jury decision

/ Personal Injury /

By Tony Poland, LegalMatters Staff • The Ontario Court of Appeal’s forceful restoration of an order to strike civil jury notices comes at a crucial time for the justice system, says Barrie-area litigator Steve Rastin. Rastin, managing partner at Rastin Gluckstein, says the decision in Louis v. Poitras is essentially a rebuke of a Divisional Court ruling that set aside a motion

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When violence is part of theft it becomes a robbery

/ Criminal Law /

There are two essential elements of robbery: the theft or extortion of property and the utilization of a weapon (or even just the implied threat of violence). The justice system treats this crime seriously. It was once even punishable by death, according to the Canadian Encyclopedia. Life imprisonment is the current maximum penalty if a

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Day of reckoning draws closer for social media platforms

/ Defamation Law /

By Paul Russell, LegalMatters Staff • A recent decision by the Supreme Court of British Columbia is an important step toward holding online social media platforms responsible for the defamatory content they publish, says Toronto lawyer Howard Winkler. “I receive many calls a week from people who are the subject of fake reviews or false

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Exceptional circumstances in employment law not easily defined

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Determining how to tie exceptional circumstances to a fair severance package can be difficult to predict as illustrated by a recent court decision involving a 73-year-old who spent decades as a radio broadcaster, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low Employment Law, says the case deals with a man who

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Free speech in health care is vital, especially during a pandemic

/ Health Law /

The decision by the William Osler Health System to strip a physician of a medical director role after he criticized the province’s handling of the COVID-19 crisis is an egregious abuse of power by hospital leadership. All public hospitals are governed by provincial legislation, allowing them to make operational decisions. But Osler leadership are completely

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Better investigations are needed to complement workplace safety law

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • While new legislation aimed at addressing harassment and violence in federally regulated workplaces is a step forward, more should be done to ensure a “more sophisticated approach” to investigations following a complaint, says Toronto employment lawyer Jeffrey M. Andrew. Bill C-65, which took effect on Jan. 1, amends parts of the

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White-collar crime suspects need to speak to their lawyer first

/ Criminal Law /

When people are told they are been investigated about their possible role in an alleged criminal activity, their immediate impulse may be to give their side of the story, thinking that will exonerate them. That is not a wise strategy. Their words may still implicate them. If you are being investigated for your involvement in

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