Articles

How this personal injury lawyer dug deep for his client to overcome an obscure bureaucratic glitch

Andrew Rudder dug deep to change the law on catastrophic impairment By Julius Melnitzer | October 14, 2022 Andrew Rudder’s battle is a story about what fighting for your client really means. It’s tempting to say that Rudder of Rudder Law Professional Corporation, a personal injury boutique in Burlington, Ontario, is the story’s focal point. […]

No ‘commercial mainstream’ exception allowing receiver to seize on-reserve Indigenous assets: OCA

Ian Collins is satisfied with the result for his client but remains unhappy with the decision By Julius Melnitzer | October 13, 2022 The Ontario Court of Appeal has ruled that s. 89 of the Indian Act prohibits court-appointed receivers from seizing an Indigenous person’s on-reserve businesses and assets. The ruling overturns Superior Court Justice Stanley Kershman’s […]

More litigation funding regulation not required in Canada, say funders and lawyers

Hugh Meighen says the common law sufficiently regulates litigation funding By Julius Melnitzer | October 7, 2022 As the European Union plans a clampdown on litigation funding, funders operating in Canada and lawyers familiar with their workings say regulatory intervention is not required here. “Regulation exists as a de facto matter by way of well-developed common […]

The LSO denies a paralegal license to an ex-police officer who masterminded a $3.1 million robbery

Bill Trudell says the profession believes in second chances By Julius Melnitzer | October 5, 2022 Ontario’s Law Society Tribunal has refused a paralegal license to an ex-police officer who masterminded a $3.1 million armoured vehicle heist in 1998. “Any applicant with problems in their past, including a criminal record, needs to have as clean […]

Trial judge may consider accused’s Indigeneity in criminal records admissibility determination: OCA

Decision dispels controversy about whether Gladue principles apply to trial process By Julius Melnitzer | September 30, 2022 The Ontario Court of Appeal has ruled that trial judges may consider an accused’s Indigeneity in determining whether their criminal records are admissible in cross-examination. “This is an important and helpful legal precedent on an issue that […]

LSO tribunal allows lawyer accused of theft to practise in-house pending merits determination

Gavin MacKenzie says interim orders in disciplinary proceedings are meant to protect the public By Julius Melnitzer | September 28, 2022 A Law Society of Ontario tribunal has allowed a lawyer accused of having clients send firm funds to his personal account to continue practising in-house for a family corporation until his case is decided […]

Little-used section of Condominium Act provides process for condo corp termination

With the value of the land exceeding the collective worth of some units, usage may increase, says Craig Garbe By Julius Melnitzer | September 27, 2022 Condominiums, albeit a relatively new legal phenomenon, are showing their age. The value of the land on some older developments now exceeds the collective worth of the individual units. “It […]

Court rules employers must include electronic tips under pensionable earnings

By Julius Melnitzer | September 21, 2022 The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. The Federal Court of Appeal has ruled that a Halifax restaurant […]

Female officer’s strip search of male lawful in ‘exigent circumstances’: Ontario Court of Appeal

Michelle Psutka of Scott Fenton Barristers By Julius Melnitzer | September 19, 2022 The Ontario Court of Appeal has ruled that the strip search of a male accused in the presence of a female officer did not violate the accused’s Charter rights because the search took place in “exigent circumstances.” “The Court of Appeal’s reasons […]

Fast-changing law means employers should review their employment contracts now

Bennett Jones’ Talia Bregman says termination clauses are especially ripe for review By Julius Melnitzer | September 8, 2022 It’s time for Ontario employers to review their employment contracts comprehensively – and the sooner, the better. “If an employment contract, particularly one based on a standard form, has not been updated in the last six […]

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