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Article

Challenging tribunal decision for procedural unfairness

Marco P. Falco The Lawyer’s Daily Procedural fairness is one of the hallmarks of an administrative proceeding. A lack of due process compromises the very merits of the decision itself....
Jan 17, 2023
Article

Top things to know if you miss judicial review deadline

Marco P. Falco The Lawyer's Daily Most applications for judicial review of an administrative decision in Ontario must be brought within 30 days under ss. 5(1) of Ontario's Judicial Rev...
Nov 24, 2022
Article

Disadvantages of historical sexual abuse class actions, part three

Loretta P. Merritt The Lawyer's Daily Part two of this series examined individual actions for sexual assault, noting that it is usually in an institutional defendant’s interest to have a c...
Nov 11, 2022
Article

Disadvantages of historical sexual abuse class actions, part two

Loretta P. Merritt The Lawyer's Daily Class actions aim to achieve judicial efficiency, increase access to justice for those with claims that may not have been pursued otherwise and modify...
Nov 9, 2022
Article

Why a stepfather was granted parenting time — and court costs — despite biological mother’s objection

Adam N. Black Financial Post Today’s modern family takes its shape in many ways. And a whole new set of family law questions emerge when single parents form new relationships, bec...
Nov 9, 2022
Article

Disadvantages of historical sexual abuse class actions

Loretta P. Merritt The Lawyer's Daily Class action proceedings in Ontario are governed by the Class Proceedings Act 1992, S.O. 1992, c.6 (the CPA). They allow a person to advance...
Nov 8, 2022
Article

Evolution of the family – The Importance of Biological Ties

Laurie H. Pawlitza Commonwealth Lawyers Association In Canada, as the make up of families change, the resolution of parenting issues becomes more complex. The laws in each province and the federal laws ...
Oct 31, 2022
Article

Top four things to know about `good faith' and commercial contracts

Marco P. Falco The Lawyer's Daily The Supreme Court of Canada's precedent-setting decision, Bhasin v. Hrynew, 2014 SCC 71, established that all commercial contracts in Canada are bound...
Oct 11, 2022
Article

Reunited might not feel so good if you signed a prior separation agreement

Laurie H. Pawlitza Financial Post Elizabeth Taylor, Elon Musk and Frida Kahlo all have something in common: they married the same person twice. Only Kahlo stayed together with Diego Ri...
Oct 6, 2022
Article

Judge appoints receiver to get to the bottom of husband's assets in divorce case

Adam N. Black Financial Post Judicial intolerance for spouses who provide incomplete financial disclosure in divorce cases appears to be on the rise, amid an increasing backlog of...
Sep 20, 2022
Article

Law governing appeals from commercial arbitration needs clarification

Marco P. Falco The Lawyer's Daily Ontario courts adopt a deferential posture toward commercial arbitration awards. This approach is consistent with the fundamental principle underlying...
Sep 9, 2022
Article

In family law, biology no longer the ‘tiebreaker’ when a child’s best interest is at stake

Laurie H. Pawlitza Financial Post As the make up of families changes, the resolution of parenting issues becomes more complex. The laws in each province and the federal laws set out a ...
Aug 11, 2022
Article

What you now need to know about administrative delay

Marco P. Falco The Lawyer's Daily Excessive delay in an administrative process can have a major impact on the parties affected. Delay affects a party's psychological well-being, underm...
Aug 11, 2022
Article

Considerations Before Seeking Judicial Review Checklist (ON)

Marco P. Falco LexisNexis Canada's Practice Guidance tool This checklist identifies some of the most important factors an applicant should consider when deciding to pursue judicial review in the Ontario Divis...
Aug 3, 2022
Article

Think your marriage contract is a sweetheart deal? Case shows courts may not be so sure

Adam N. Black Financial Post Marriage contracts can be an effective tool for a couple wishing to create certainty in the event of their future separation. But failing to take care...
Jul 28, 2022
Article

New option for Canadian charities working with non-qualified donees

Linda J. Godel and Nathaniel Balakumaran The Lawyers’ Daily Canadian registered charities that work with non-charities now have another manner of doing so. Specifically, new qualifying disbursement rules have b...
Jul 20, 2022
Article

Top four factors to consider when appealing commercial arbitration awards

Marco P. Falco The Lawyers’ Daily There are two main goals to commercial arbitration: efficiency and finality. The purpose is to ensure that a matter is brought to final resolution, wi...
Jul 19, 2022
Article

Canada’s First AI Act Proposed

Lisa R. Lifshitz business law today On June 16, 2022, Canada’s Minister of Innovation, Science and Industry (“Minister”) tabled the Artificial Intelligence and Data Act (the “AI Act”), C...
Jul 13, 2022
Article

The New Qualifying Disbursements Rules for Charities

Linda J. Godel and Nathaniel Balakumaran In April 2022, we reported on important changes for charities arising from the 2022 Federal Budget. More recently, on June 23, 2022, the Budget Implem...
Jun 29, 2022
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