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  • Article

    Questioning In Family Law: Unlocking The Evidence Vault

    Questioning in family law serves multiple purposes. It is designed to obtain necessary information, assess credibility, and build a foundation for impeachment.
    CanadaFamily and Matrimonial
    Lerners LLP
    Lerners LLP
  • Article

    Singh v Khalill: Court Of Appeal Stresses The Importance Of Diligence And Efficiency In Domestic Contract Disputes

    In 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 Matrimonial
    Lerners LLP
    Lerners LLP
  • Article

    The Top Hospitals That Treat Brain Injuries In Toronto And Ontario

    Acquired 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 Sciences
    Lerners LLP
    Lerners LLP
  • Article

    Infrastructure Ontario's Guiding Principles

    As a public sector entity, Infrastructure Ontario has developed five principles to govern its operations.
    CanadaGovernment, Public Sector
    Lerners LLP
    Lerners LLP
  • Article

    Set Off Rights: Recovering Goods Or Proceeds From A Bankrupt Client

    When a client goes bankrupt, an unpaid supplier is often left with few remedies.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Lerners LLP
    Lerners LLP
  • Article

    The Effect Of The Changes Of SABS On Attendant Care

    The June 1st, 2016, revisions to the Statutory Accident Benefits Schedule will change how attendant care is covered by auto insurance.
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    Understanding The June 1st Changes To The Statutory Accident Benefits Schedule

    As of June 1st, 2016, auto insurance in Ontario is going to undergo a change, with major revisions to no-fault benefits (statutory accident benefits).
    CanadaInsurance
    Lerners LLP
    Lerners LLP
  • Article

    A Friendly Reminder: $ilence Is Still Golden: Render V. ThyssenKrupp Elevator (Canada Limited), 2022 ONCA 310

    The 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Absolute Privilege Is Not Absolute

    A 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Are 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Certified Specialists: Held To The Highest Standard

    There 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Confidentiality 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Costs: Appeals Are Separate And Discrete Steps In A Class Proceeding

    Class 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Ex Parte Remedies And Disclosure

    As I noted in my posts on Mareva Injunctions2 and Anton Piller Orders3, seeking powerful remedies can be risky.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Excessive Use Of Force: Your Rights If You've Been Injured

    In 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Federal Cabinet Delays The Coming Into Force Of Private Rights Of Action In Casl And Other Legislation, Pending Further Study

    A 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Fee 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    How Safe Are Your Products? New Obligations Under the Canada Consumer Product Safety Act

    On 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    I 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 & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    In 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 & Arbitration
    Lerners LLP
    Lerners LLP

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