Articles 2020

An overview of important tips on how to conduct an effective workplace investigation and common pitfalls to avoid.

When it comes to sexual harassment and assault in the workplace, the discussion often centres around seeking accountability against the perpetrator through criminal and civil processes. However, in the more recent years, the Human Rights Tribunal of Ontario has become an increasingly effective forum for victims to be heard and have their experiences validated and appropriately compensated.

When administering an estate, one should be mindful of the dual effects of the executor’s year and the rule of convenience. This article discusses the recent Ontario Court of Appeal case of Rivard v Morris and when an interest payment of five per cent per year on specific bequests may be payable from the residue of the estate.

The 2016 Supreme Court of Canada decision in R v Jordan, 2016 SCC 27, created a major stir in the criminal bar by clarifying what constitutes an accused’s right under subsection 11(b) of the Charter to be tried within a reasonable time period. There was speculation at the time of the decision’s release about its impact upon environmental prosecutions. Here, we survey some of the most salient points from decisions that have emerged over the past 1-1/2 years.

The Landlord and Tenant Board has been declaring that instead of the single lease that the parties have entered into, there are deemed to be legally separate leases with each of the roommates. If a roommate vacates, that roommate’s share of the rent is no longer payable by the rest of the roommates. The landlord's only option to recover the lost income is to go to small claims court to recover the arrears from the roommate who defaulted.

There are times in every litigator’s practice when he or she concludes that for one reason or another they can no longer act for their client. In order to get off record when a client does not agree, counsel must bring a motion seeking an order removing him or herself as lawyer of record. In doing so, there are three principal issues the lawyer must consider: when, why and how?

This year is shaping up to be a great one for legal innovation in Canada. For many lawyers and firms the task of updating their systems and processes to currently existing technology is an intimidating challenge, and the prospect of actually pursuing innovative or novel solutions is just not on the table. However, and despite this apparently ubiquitous problem, lawyers across the globe have finally begun to embrace technology.

At the Law Society of Ontario’s (LSO) Annual General Meeting (on May 9, 2018, Treasurer Paul Schabas, announced that the LSO will be conducting a review of the “good character” requirement for licensee applications. There is a need to ensure not a different or lower standard, but that the process for admission to the bar is fair and does not unduly prejudice Indigenous applicants.

The sun is finally starting to shine, and it seems that spring has arrived. With summer just around the corner, Ottawa has a number of great outdoor team sporting events coming up that you can get involved in with fellow young lawyers or even potential or existing clients.

A discussion of the Federal Court's decision in Namgis First Nation v. Canada (Fisheries, Oceans and Coast Guard).