ArticleQuestioning In Family Law: Unlocking The Evidence VaultQuestioning in family law serves multiple purposes. It is designed to obtain necessary information, assess credibility, and build a foundation for impeachment.CanadaFamily and MatrimonialLerners LLP
ArticleSingh v Khalill: Court Of Appeal Stresses The Importance Of Diligence And Efficiency In Domestic Contract DisputesIn a recent decision, the Ontario Court of Appeal upheld a motion judge's ruling that a marriage contract between separated spouses was valid...CanadaFamily and MatrimonialLerners LLP
ArticleThe Top Hospitals That Treat Brain Injuries In Toronto And OntarioAcquired Brain Injuries (or ABIs) can be a difficult personal injury to treat, in large part because of the need for long-term clinical care, both as an in- and out-patient. CanadaFood, Drugs, Healthcare, Life SciencesLerners LLP
ArticleInfrastructure Ontario's Guiding PrinciplesAs a public sector entity, Infrastructure Ontario has developed five principles to govern its operations.CanadaGovernment, Public SectorLerners LLP
ArticleSet Off Rights: Recovering Goods Or Proceeds From A Bankrupt ClientWhen a client goes bankrupt, an unpaid supplier is often left with few remedies. CanadaInsolvency/Bankruptcy/Re-StructuringLerners LLP
ArticleThe Effect Of The Changes Of SABS On Attendant CareThe June 1st, 2016, revisions to the Statutory Accident Benefits Schedule will change how attendant care is covered by auto insurance.CanadaInsuranceLerners LLP
ArticleUnderstanding The June 1st Changes To The Statutory Accident Benefits ScheduleAs of June 1st, 2016, auto insurance in Ontario is going to undergo a change, with major revisions to no-fault benefits (statutory accident benefits).CanadaInsuranceLerners LLP
ArticleA Friendly Reminder: $ilence Is Still Golden: Render V. ThyssenKrupp Elevator (Canada Limited), 2022 ONCA 310The decision of the Court of Appeal in Render is an interesting and important employment law decision, and necessary reading for all who practice in that area. In addition, for all litigators...CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleAbsolute Privilege Is Not AbsoluteA recent Ontario Court of Appeal decision reaffirms the existence of absolute privilege, it also holds that the privilege does not necessarily prevent an aggrieved party from suing their lawyer for conduct.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleAre You Awake?A recent decision I came across reminded me that while sometimes the law is complex, sometimes it only sounds complex but is really just common sense. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleCertified Specialists: Held To The Highest StandardThere are many factors to consider when choosing to hire a lawyer: reputation, experience, expertise, client references and testimonials to name a few — and awards and recognition may be one of them. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleConfidentiality Of Settlements In Sexual Abuse Cases - Necessary Evil Or Positive?In the past several years, confidentiality clauses in settlement agreements, or what are sometimes called "gag orders", have been the subject of well-deserved scrutiny in sexual abuse cases resolved by way of out-of-court settlement. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleCosts: Appeals Are Separate And Discrete Steps In A Class ProceedingClass actions, by their very nature, mandate the extra procedural step of a certification motion. As a result, a class proceeding is generally longer than a standard civil proceeding and can be significantly more complex.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleEx Parte Remedies And DisclosureAs I noted in my posts on Mareva Injunctions2 and Anton Piller Orders3, seeking powerful remedies can be risky.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleExcessive Use Of Force: Your Rights If You've Been InjuredIn Canada, we expect police officers, security guards, bouncers, and other authority figures to protect the public and to use force only when it is necessary and reasonable. CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleFederal Cabinet Delays The Coming Into Force Of Private Rights Of Action In Casl And Other Legislation, Pending Further StudyA few weeks ago, my colleague Lucas Lung wrote in "Class Actions for Spam and Canada's Anti-Spam Legislation's Private Right of Action?" about the impending coming into force of "CASL"...CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleFee Sharing Agreements In Trouble?In Bancroft Snell v Visa, 2015 ONSC 7275 ("Bancroft"), a class action involving allegedly improper credit card merchant fees, Justice Perell approved the contingency fee agreement of class counsel, but with an order not to pay any sums toward a fee sharing agreement with other counsel.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleHow Safe Are Your Products? New Obligations Under the Canada Consumer Product Safety ActOn June 20, 2011, the Consumer Product Safety Act (the "Act") became law. It significantly increased the obligations on companies all along the supply chain of consumer products.CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleI Was Sexually Assaulted. How Do I Start A Lawsuit For Sexual Abuse?A civil lawsuit for compensation, which is also known as an "action", is typically started by way of a formal court document called a "Statement of Claim". CanadaLitigation, Mediation & ArbitrationLerners LLP
ArticleIn Which Jurisdiction Should An Internet Defamation Claim Be Commenced?The question of where to bring an action for defamation can be complicated in internet defamation cases.CanadaLitigation, Mediation & ArbitrationLerners LLP