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Omicron trumps court order for separated parents in Christmas travel dispute

Adam N. Black Special to Financial Post Issues related to the Omicron variant are already making their way into Canada’s family courts, where a judge last week blocked a separated father fro...
Dec 22, 2021

Top 5 considerations before challenging a tribunal decision

Marco P. Falco The Lawyer’s Daily As a discretionary remedy, judicial review asks the court for relief by way of what were once known as the "prerogative writs," including certiorari, ...
Dec 10, 2021

What you need to know about New Brunswick’s new retail regulations

Matt Maurer and Siena Hilley Bland Business of Cannabis To date, and as matters currently stand, Cannabis NB, a subsidiary of the New Brunswick Liquor Corporation, is the only legal retailer of recreational...
Dec 2, 2021

Sonu Dhanju-Dhillon, Liz Hong and Nikita Mathew were published in Advocacy Matters

Sumeet (Sonu) Dhanju-Dhillon, Eunsu (Liz) Hong and Nikita Mathew Advocacy Matters Sonu Dhanju-Dhillon, Liz Hong and Nikita Mathew had an article titled, "Facebook Notification: You’ve been served!" in the Advocacy Matters newsletter...
Nov 29, 2021

The pandemic has complicated child support payments by the self-employed

Laurie H. Pawlitza Special to Financial Post The pandemic’s economic effect on Canadians has caused a significant decline in income in many industries with one result being that courts are more c...
Nov 23, 2021

Do 'prospects of success' determine when limitation clock runs?

Marco P. Falco The Lawyer’s Daily In Ontario, under s. 5(1)(a)(iv) of the Limitations Act, 2002, 5.0. 2002, c.24, Schedule B (the Act), the two­ year limitation period for most civil l...
Nov 22, 2021
Nov 16, 2021

Ontario government moves to outlaw non-competition clauses in employment agreements

Matt Maurer Business of Cannabis Non-competition clauses have been utilized by employers in employment agreements for a long time. Generally speaking, these clauses limit an employee’...
Nov 1, 2021

Why failure to disclose financial information is 'the cancer' of family law

Adam N. Black Special to Financial Post For separated spouses, the exchange of full and frank financial information is a fundamental underpinning to the resolution of financial issues arisin...
Oct 27, 2021

Why courts can allow children to make up their own minds about getting vaccinated

Laurie H. Pawlitza Special to Financial Post Whether a child should be vaccinated for COVID-19 is the latest conflict between separated parents now being determined by the courts.
Oct 13, 2021

Most common judicial review application mistakes

Marco P. Falco The Lawyer’s Daily As judicial resources become evermore scarce, governments across the country are relying on administrative tribunals to adjudicate disputes.
Oct 1, 2021

New Ontario not-for-profit legislation, business registry

Linda J. Godel and Alexandra Zavalunov The Lawyer’s Daily On Aug. 17, 2021 the Ontario government announced that the Ontario Not-for-Profit Corporations Act (ONCA) will finally be proclaimed into force effect...
Sep 1, 2021

How a plaintiff proves breach of good faith in a commercial contract

Marco P. Falco The Lawyer’s Daily In 2020, the Supreme Court of Canada in CM Callow Inc. v. Zollinger, 2020 sec 45 reinvigorated the duty of honest contractual performance, i.e. the ob...
Aug 16, 2021

Pitfalls of appeals and judicial reviews: What every litigator needs to know

Marco P. Falco The Lawyer’s Daily The idea of embarking on a civil appeal or application for judicial review can be daunting for the unversed lawyer.
Jul 8, 2021

The Advancing Oversight and Planning Ontario’s Health System Act, 2021; The Proposed Regulation of Personal Support Workers, Physician Assistants and Behaviour Analyst

Lindsay Kantor Risk Management in Canadian Health Care Every day, thousands of Ontarians receive vital care from unregulated health care providers including personal support workers (“PSWs”), physician ass...
Jun 23, 2021

Supreme Court doesn't let father who left country off the hook for $170,000 in child support

Adam N. Black Special to Financial Post Last September, the Supreme Court of Canada confirmed a parent’s ability to make a retroactive claim for child support. Focusing on the child’s best i...
Jun 21, 2021

Raising new issues on appeal

Marco P. Falco The Lawyer’s Daily After a lower court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. Ho...
Jun 14, 2021

Appellate Litigation and Judicial Review: A Litigator’s Most Common Mistakes

Marco P. Falco The prospect of embarking on an appeal or application for judicial review from a Tribunal proceeding or a motion, application or trial can be daunting...
Jun 10, 2021

Reflections and Trends to Look for Since the Legalization of Recreational Cannabis in Canada

Andrew J. Wilder and Siena Hilley Bland Business of Cannabis In October 2018, Canada became the second country in the world to legalize the production, use and sale of recreational cannabis. In the approximately...
May 27, 2021
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