Looking back at 2020 and the employment law lessons learned

By Tony Poland, LegalMatters Staff • The coronavirus that hit like a tsunami leaving shattered lives and uncertainty in its wake made 2020 a year like no other, says Toronto-area employment lawyer and mediator Stuart Rudner. As the employment world continues to navigate through an ever-evolving reality, Rudner, founder and principal at Rudner Law, says […]

Looking back at 2020 and the employment law lessons learned Read More »

Financial statements often point to wrongdoing in fraud cases

Since financial fraud involves money transactions, paper and electronic records are the most common forms of evidence. Many fraud cases I’ve been involved in have required me to sift through financial statements and banking information, trying to find documentation that supports my clients. Any type of record that shows money being transferred can be used

Financial statements often point to wrongdoing in fraud cases Read More »

COVID vaccination decision could find parents battling in court

By Tony Poland, LegalMatters Staff • While approval of the COVID-19 vaccine in Canada was heralded as welcome news, it could lead to court battles between parents who disagree about the wisdom of inoculating their children, says Toronto family lawyer A. Julia P. Tremain. Health Canada recently approved the Pfizer-BioNTech vaccine and doses began arriving

COVID vaccination decision could find parents battling in court Read More »

Duty to mitigate more important than a ‘sense of entitlement’

A recent judgment in a wrongful dismissal claim is a useful reminder for both employers and employees that refusing to accept a reasonable offer of employment will negate a wrongful dismissal claim. Hickey v. Christie & Walther Communications Limited is not a ground-breaking decision but, insightful nonetheless. The plaintiff, Joseph Hickey, was the vice-president of

Duty to mitigate more important than a ‘sense of entitlement’ Read More »

Cuts to law library funding hurt small practices and the public

By Paul Russell, LegalMatters Staff • A decision by the Law Society of Ontario (LSO) to reduce funding to courthouse law libraries across the province will hurt not only smaller law firms that rely more heavily on those libraries but also the public’s ability to access justice, says Brett Harrison, president of the Toronto Lawyers

Cuts to law library funding hurt small practices and the public Read More »

F1 champion Hamilton spins out in trademark rights showdown

By Tony Poland, LegalMatters Staff • It is not surprising a European court slammed the brakes on Formula One legend Lewis Hamilton’s attempt to sideswipe a renowned watchmaker’s trademark application, says Toronto intellectual property lawyer John Simpson. The seven-time F1 world champion was hoping to block the Hamilton Watch Company (HWC) from registering the name,

F1 champion Hamilton spins out in trademark rights showdown Read More »

One size does not fit all when it comes to a termination

By Tony Poland, LegalMatters Staff • Employees who have been terminated can be overwhelmed by the process, which is why it is prudent to seek advice to avoid making a costly mistake, says Toronto employment lawyer Jeffrey M. Andrew. Employment laws can be confusing, says Andrew, and there is no one size that fits all

One size does not fit all when it comes to a termination Read More »

Is the United States setting a trap for Huawei’s Meng Wanzhou?

In appearing to entertain a proposal for her to return to China in exchange for an admission of wrongdoing, the United States could well be setting a trap for Huawei executive Meng Wanzhou. I’ve been the lawyer on several cases where I was instructed by clients to make a deal with the U.S. prosecutor. American

Is the United States setting a trap for Huawei’s Meng Wanzhou? Read More »

Equality and the law – when does a law discriminate?

The Supreme Court of Canada’s recent decision in Fraser v Canada deals with the effects of pension regulations on women employed by the RCMP and appears to expand the legal test for discrimination.  I recently discussed this case at the Law Society of Ontario’s Ninth Annual Human Rights Summit. RCMP members participate in a contributory

Equality and the law – when does a law discriminate? Read More »

Worldwide social media injunctions may be impossible to enforce

By Paul Russell, LegalMattters Staff • A recent worldwide injunction issued by an Austrian court against Facebook concerning intellectual property rights may prove to be just as unenforceable as a similar Canadian action involving Google, says Toronto lawyer Howard Winkler. According to a report on TechCrunch, Austria’s Supreme Court recently ended “a long-running speech takedown

Worldwide social media injunctions may be impossible to enforce Read More »