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Account for RESPs in any separation agreement, or risk getting taught a lesson in court

Adam N. Black Special to the National Post Throughout Canada, a divorced parent’s child support obligation includes the sharing of a child’s special or extraordinary expenses. Those expenses, k...
Feb 19, 2020

Location really is everything when it comes to dividing family property amid bankruptcy

Laurie H. Pawlitza Special to the National Post Resolving the way a separated couple’s property is dealt with can be complicated, but it gets even more complex if one of the spouses declares bankrup...
Feb 14, 2020

IP Addresses No Longer Protected in Alberta

Lisa R. Lifshitz Canadian Lawyer In a surprising decision, the Court of Queen’s Bench of Alberta recently held in R. v. Bykovets that there is no reasonable expectation of privacy in ...
Feb 12, 2020
Torkin Manes LegalWatch

How Do Courts Analyze Tribunal Decisions? Supreme Court of Canada Ushers in a New Age of Judicial Review

Marco P. Falco When Courts are asked to scrutinize tribunal or administrative decisions, the first question is the standard of judicial review they should apply. Sh...
Feb 5, 2020
Torkin Manes LegalPoint

Is it Time to Update Your Employment Contracts?

Peter C. Straszynski For Canadian employers, one of the most important purposes of written employment contracts is to lawfully limit the amount of notice or compensation t...
Feb 3, 2020

B.C. Court of Appeal sends a clear family law message in case of transgender teen

Adam N. Black Special to the National Post In a prior article, I observed that “today’s modern family is a fascinating, complex and changing construct. As the way we form and grow a family evol...
Jan 30, 2020

Beware the Zombie Software!

Lisa R. Lifshitz Canadian Lawyer January 14th marked the end of Microsoft’s support for its Windows 7 product. Why is this date important? Because, following this date the software jo...
Jan 22, 2020

Workplace Policies That All Businesses Need

Peter C. Straszynski and Shreya Patel Ontario employers are required by law to have certain workplace policies in place at work.
Jan 17, 2020
Torkin Manes LegalWatch

When Does a Plaintiff “Discover” a Claim in Ontario? A Principled Approach to Limitation Periods

Marco P. Falco Most civil actions in Ontario are subject to a two-year limitation period under section 4 of the Limitations Act, 2002, S.O. 2002, c.24, Sched. B (the...
Jan 16, 2020
Torkin Manes LegalPoint

Ontario’s Not-For-Profit Corporations Act – Further Delay

Linda J. Godel and Lauren Crosby The Ontario Ministry of Government and Consumer Services (Ministry) recently released new information confirming further delay for Ontario’s Not-for-P...
Jan 14, 2020

Trading your share of the house for reduced child support could leave you paying more

Laurie H. Pawlitza Special to the National Post In family law, agreements reached between separating couples often contain more creative and individualized terms than do court orders. One spouse may...
Jan 9, 2020

Statutory interpretation and ‘ordinary meaning’ of words

Marco P. Falco The Lawyer's Daily One of the ways in which Canadian courts interpret legislation is to analyze the “ordinary meaning” of words. Reference is made to the rea...
Dec 17, 2019

‘Catch me if you can’: Husband who failed to disclose Cayman Islands bank account ordered to pay wife $32,000 in costs

Adam N. Black Special to the National Post When a couple separates, financial issues almost inevitably arise. To answer these questions, financial disclosure is essential. But, what happens whe...
Dec 17, 2019
Torkin Manes LegalWatch

Are Commercial Arbitration Awards Immune from Judicial Scrutiny?

Marco P. Falco Sophisticated commercial parties may arbitrate their disputes for a number of reasons. Under Ontario’s Arbitration Act, R.S.O. 1990, c.17 (the “Act”)...
Dec 16, 2019

Connecting the right way this holiday season

Lisa R. Lifshitz Canadian Lawyer ‘Tis the season to spend lavishly on gifts for friends and family, and no doubt many of the year’s hottest purchases will include so-called “smart” de...
Dec 11, 2019
Torkin Manes LegalPoint

Busting Sexual Assault Myths (Still)

Loretta P. Merritt It’s been a long time since R. v. Seaboyer was released in 1991 but the myths just keep on coming up in sexual assault cases. In three recent decision...
Dec 3, 2019

Mother awarded costs after father tries (and fails) to play hardball

Justyna A. Waxman The Lawyer's Daily Mackie v. Crowther 2019 ONSC 6431, a well-reasoned recent decision of Justice Alex Pazaratz, is the most recent of a long line of family court decisio...
Nov 26, 2019

How to Work Successfully in the Cloud: Removing the Cloudy from Cloud Technology

Lisa R. Lifshitz Speaker, Annual Digital Open Government Forum: Digital Disruption-Disrupt to Innovate? Lisa Lifshitz spoke at the Annual Digital Open Government Forum in Ottawa on November 26, 2019. The forum was focused on digital disruption and e...
Nov 26, 2019

Cannabis Law Day

Hunter Forman Ontario Bar Association, Speaker
Nov 25, 2019
Torkin Manes LegalWatch

When is a Structure Not A “Structure”? The Modern Approach to Statutory Interpretation

Marco P. Falco When Courts interpret statutes, they consider the “ordinary meaning” of the words used in the legislation. “Ordinary meaning” refers to the reader’s i...
Nov 25, 2019

Adam Black on children living at home longer and the effects this is having on some child support decisions

Adam N. Black Special to the National Post Following a couple’s separation, there is no greater certainty than a parent’s obligation to support their children. But what happens if, ...
Nov 21, 2019
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