Governments can’t assume they have the right to harvest our organs

A recent decision by the Nova Scotia government to automatically make almost every adult in the province an organ donor will benefit those who need a life-saving transplant. But it raises important questions about our autonomy if the government has a right to our bodies after our death. As our previous prime minister Pierre Trudeau […]

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Disregard for safety rules does not automatically justify discharge

Rules intended to curb the spread of the coronavirus are polarizing opinions and attitudes, which can sometimes spill over into the workplace. A recent arbitration, Trillium Health Partners v CUPE Local 5180, is a fitting example of what can happen when there is resistance to pandemic guidelines. For more, click here. Seeking legal advice can help firms

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Baggage fee lawsuit pushes the envelope in consumer class action

By Tony Poland, LegalMatters Staff • A lawsuit targeting Westjet baggage fees that were charged between 2014-19 should be a novel test of the Competition Act, says Toronto class-action lawyer Margaret Waddell. The class-action lawsuit, which was certified earlier this month by British Columbia’s Supreme Court, also claims the Airline breached the terms of its contract by charging a

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Even the best relationships benefit from a domestic contract

By Tony Poland, LegalMatters Staff • Domestic contracts or prenuptial agreements may not be a priority when couples start out, but they should be, says Toronto family lawyer A. Julia P. Tremain. “It is something that everyone should consider and one of the reasons is that it is helpful for people to actually think about their future,”

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Revoking an offer of employment is not necessarily a simple matter

By Tony Poland, LegalMatters Staff • Ending an employment relationship before it begins can come at a cost, says Toronto employment lawyer Ellen Low, adding employers would be wise to seek advice before making such a move. In a recent judgment, Ontario Superior Court sided with a man who sued after a job offer was revoked before

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Various defences possible for those accused of white-collar crime

When I have a client who is facing charges such as fraud, embezzlement or others considered a white-collar crime, the first thing I do is sit down with them and review all the evidence the police must release through disclosure, as well as any documents they have that support their side in the case. This

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Supreme Court win is significant for medical malpractice plaintiffs

By Tony Poland, LegalMatters Staff • Gluckstein Lawyers’ recent Supreme Court of Canada (SCC) victory not only benefits their client but will have a resounding impact on the medical malpractice profession, says Jan Marin, one of the two lawyers who took up the case. On Jan. 18, the SCC overturned the Ontario Court of Appeal (OCA)

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Court dismisses TRREB’s motion for an interlocutory injunction

By Tony Poland, LegalMatters Staff • A recent Federal Court of Canada decision illustrates the importance of moving quickly when seeking an interlocutory injunction in a copyright case, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, explains that an interlocutory injunction is an order that restrains a defendant from

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Six 2020 employment law cases that will resonate this year

Despite judicial slowdowns brought on by the COVID-19 epidemic, there were some major decisions delivered by courts in the area of employment law in 2020. Here’s a look back at some well-known cases, plus one that is a bit off the beaten path that deserves a lot more attention. Upholding reasonable notice A June decision

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White-collar crime evidence usually consists of financial records

Proving that an individual or a firm committed a white-collar crime such actions as tax evasion, fraud and money laundering is difficult in many cases, as much of the evidence will be in form of detailed paper and electronic records. As defence counsel for those charged with these crimes, part of my work involves carefully

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