ArticleA "Truly Exceptional" Wrongful DismissalIn a recent blog, we wrote about Milwid v. IBM Canada Ltd., 2023 ONSC 490 (CanLII), where the Superior Court of Justice...CanadaEmployment and HRLerners LLP
ArticleAvailability Of Similar Employment In Determining Reasonable NoticeWhat role does availability of similar employment play in determining reasonable notice? This was one of the issues at stake in the recent case of Strik v EXP Services Inc.CanadaEmployment and HRLerners LLP
ArticleGhomeshi-gate: A Harassment Policy May Not Be EnoughOn October 26, 2014, Jian Ghomeshi was fired from his position as a radio host with the CBC.CanadaEmployment and HRLerners LLP
ArticleIs It Frustration Of Contract Or Discrimination?Does an employee's three-year absence from work amount to frustration of contract; or, does it constitute wrongful dismissal and a breach of human rights legislation? CanadaEmployment and HRLerners LLP
Article2018 Ontario Federation Of Anglers And Hunters AGM And Conference: A Lawyer's ExperienceI recently had the pleasure and the privilege of attending the 90th Annual General Meeting and Fish & Wildlife Conference of the Ontario Federation of Anglers and Hunters ("OFAH").CanadaEnvironmentLerners LLP
ArticleAshes To Ashes - What Can We Do With Those Ashes?The cremation rate in Canada is increasing steadily and rapidly as more and more people choose cremation as a means of final disposition.CanadaFamily and MatrimonialLerners LLP
ArticleDoing The Difficult Thing: Parenthood And The Importance Of Support SystemsI have a very young daughter who not only graduated law school with me but also conquered the bar exams and is now an honourary articling student with the 2024/2025 cohort.CanadaFamily and MatrimonialLerners LLP
ArticleThe Matrimonial Home In A Divorce: What I Tell My ClientsAs a family law lawyer, one of the first and most emotional questions clients ask me is what will happen to their home when they separate. The matrimonial home carries enormous emotional weight.CanadaFamily and MatrimonialLerners LLP
ArticleThe Matrimonial Home In A Divorce: What Wealth Advisors And Accountants Need To KnowWhen a client approaches you about a potential separation, financial restructuring, or long-term planning, one of the most significant assets you will help them navigate is the matrimonial home.CanadaFamily and MatrimonialLerners LLP
ArticleWhy You Shouldn't Be Scared Of Prenuptial AgreementsWe've all heard the infamous term ‘prenup' in movies, TV shows, or from unsolicited family members. In Canada, prenuptial agreements are commonly referred to as marriage contracts or agreements...CanadaFamily and MatrimonialLerners LLP
VideoBankruptcy And Insolvency - It's Not As Bad As You Think (Video Content)Domenico Magisano, Commercial Litigation Partner at Lerners LLP, discusses generally what happens when a company is insolvent and how restructuring tools can be used to help companies emerge from insolvency stronger.CanadaInsolvency/Bankruptcy/Re-StructuringLerners LLP
ArticleNow For Then Or Never – An Action Commenced While The Plaintiff Was A Bankrupt Cannot Be Revived After The 2 Year Limitation Period ExpiresFlight v. Leblanc 2022 ONCA 831, argued by Lucy Sun and Jason Squire of Lerners, involved an interesting intersection of limitations law and insolvency practice. CanadaInsolvency/Bankruptcy/Re-StructuringLerners LLP
ArticleChoosing The Right Municipal Case For Summary JudgmentA motion for summary judgment can be a valuable tool for municipalities. CanadaInsuranceLerners LLP
ArticleFacebook Pages Should Be Treated Like Journals In DiscoveryFacebook pages should not be immune from the rules governing discovery. They should be treated like personal journals or diaries.CanadaInsuranceLerners LLP
Article"Good, Better, Best": The Meaning of "Best-Efforts" in Answering UndertakingsIn Linamar Transportation Ltd. v. Johnson ( 2014 ONSC 4415), the Ontario Superior Court and Divisional Court were called upon to consider the meaning of "best-efforts" in the context of the obligation to answer undertakings given on examination for discovery.CanadaInsuranceLerners LLP
ArticleLimitation Periods And Non-Earner Benefits - The Latest Comments By The Court Of AppealThe Court of Appeal's recent decision in Sagan v. Dominion [2014 ONCA 720] confirmed that the submission of Disability Certificates are not required to trigger the commencement of a limitation period.CanadaInsuranceLerners LLP
ArticleSpring Roads, New Risks: What Ontario Motorcyclists Need To Know About Automobile Insurance Changes Coming This SeasonAs Ontario motorcyclists start to think about getting their bikes out of winter storage, there's more on the horizon than just warmer weather. This year will mark a significant shift in how auto...CanadaInsuranceLerners LLP
ArticleThe Court Of Appeal’s Most Recent Comment On Jurisdictional IssuesIn Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were located in Alberta. CanadaInsuranceLerners LLP
ArticleThe Importance Of Settlement Authority At A Pre-HearingArbitrator Wilson’s decision in "Dabrowska and Aviva Canada" is a warning to Insurers attending Financial Services Commission of Ontario pre-hearings.CanadaInsuranceLerners LLP
ArticleYouTube, Cover Songs And Copyright InfringementMusicians are constantly learning from each other and are often influenced by the musical styles and compositions of other artists. CanadaIntellectual PropertyLerners LLP