In most disputes over parenting time, parents come to reasonable decisions about what is in their child’s best interests. However, a small percentage of disputes are “high conflict”. In high conflict cases, the parents have great difficulty communicating, make decisions together, and treating each … [Read more...]
What Types of Proceedings Can You File Under the Bankruptcy & Insolvency Act?
The Bankruptcy & Insolvency Act regulates insolvency law in Canada. This legislation governs both business proceedings and personal procedures. In terms of personal insolvency, individuals have three basic legal measures available to them to obtain relief from creditors. The primary types of … [Read more...]
Bad Scholarship?
Many years ago I played a small part in the unearthing of a controversial scholarship at the University of Toronto that was, among other things, restricted to white, Protestant candidates. It was called the Leonard Scholarship and dated from 1923. After being featured in a student newspaper of … [Read more...]
The Production of Cell Tower Records Breaches Canadians’ Privacy Rights
Justice Sproat of the Ontario Superior Court of Justice in R. v. Rogers Communications Partnerships [2016] O.J. No. 151 has ruled that police cannot seek the production of cellphone records of thousands of Canadians in order to pursue investigations. This means that the personal information of … [Read more...]
Constructive Dismissal Still Under Construction
“constructive dismissal can [occur when]… a series of acts that, taken together, show that the employer intended to no longer be bound by the contract.” - Potter v. New Brunswick Legal Aid Services Commission [2015] 1 SCR 500 http://canlii.ca/t/ggkhh Introduction Constructive dismissal … [Read more...]
Rasouli: Withdrawal of Medical Treatment
“… a myriad of important interests, such as the integrity of our health care system, (is) at stake.” - Cuthbertson v. Rasouli, [2013] 3 SCR 341 Introduction In October 2010, Mr. Rasouli underwent surgery at Sunnybrook Health Sciences Centre in Toronto, Ontario to remove a benign brain tumour. … [Read more...]
Changes to Child Support Applications
Exchanging financial information is crucial to determine child support. John-Paul Boyd gave a great overview of child support in LawNow Issues 38-4 and 38-5. I covered the general duty to disclose financial information in family law cases in LawNow Issue 39-5. There have been some recent changes in … [Read more...]
Stranger Than We Can Imagine
Stranger Than We Can Imagine – John Higgs’s intriguing and unique tour of the 20th Century. I recommend to readers trying to make sense of the tumultuous twentieth century a fresh historical take – John Higgs’s Stranger Than We Can Imagine: An Alternative History of the Twentieth Century. Its … [Read more...]
Same-Sex Families in some Canadian Provinces still Face Discrimination Challenges
Across Canada we have seen many developments in GLBT rights in the past few years. With the legal recognition of same-sex marriage, we might have thought that true equality for same-sex families had been reached. However, some of our provincial family laws have not kept up to these legal changes. In … [Read more...]
Termination for Insolence
We hear that “attitude is everything”, and nowhere is this more important than at work. Consider whether the employee’s attitude below should be enough to justify his firing. Henry, 31, had been working for seven and a half years as an auto body repair technician at the Fox Ford dealership in … [Read more...]
