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Thursday, September 21, 2023 @ 10:10 AM

Ontario Court of Appeal reviews standard for assessing ineffective counsel Finger

Most criminal law practitioners work diligently to secure the best possible outcome for the client. Sometimes, client expectations are not met. It is increasingly common to see disgruntled clients refusing to accept personal responsibility and putting the blame for an unfortunate outcome on their trial counsel. ... [read more]

Wednesday, September 20, 2023 @ 2:02 PM

Appeal Court offers roadmap for dealing with stereotypical reasoning Stereotype

A review of many Court of Appeal decisions in sexual assault cases recently shows a surprising similarity in the grounds advanced for appeal. These oft-repeated grounds include (1) a reliance by the judge on myths and stereotypes in assessing the credibility of an appellant’s evidence, (2) improper assessment of reasonable doubt due to uneven scrutiny of the witnesses’ evidence; and (3) ineffective assistance of counsel. ... [read more]

Wednesday, September 20, 2023 @ 1:47 PM

Fiduciary’s obligation not to assist competitors Job interview

Senior executives, key employees and corporate officers owe their former employers’ fiduciary duties. The term “fiduciary” stems from the Latin root of the word fiduciaries meaning “holding thing in trust.” ... [read more]

Wednesday, September 20, 2023 @ 12:48 PM

Navigating the Underused Housing Tax maze Large empty kitchen in new house

Canada’s Underused Housing Tax (UHT), which took effect on Jan. 1, 2022, had its first filing deadline on April 30, 2023. However, the Canada Revenue Agency (CRA) provided transitional relief so that no penalties or interest will be applied for returns and payments received before Nov. 1, 2023. ... [read more]

Wednesday, September 20, 2023 @ 10:56 AM

Unfairness of using job abandonment to avoid paying long-term disability Throwaway

Attempts by employers to use job abandonment to terminate long-term disability (LTD) claimants is an unfair ploy that can cause emotional distress and hardship for unsuspecting employees. ... [read more]

Tuesday, September 19, 2023 @ 1:41 PM

Trans Mountain decision tests mens rea in political arena Pickets

Whenever we read a crime novel or watch a television program of this genre, the underlying question to be answered is, “Whodunnit?” The print or visual media rarely focus on a much more important question, “Why did the crime occur?” ... [read more]

Tuesday, September 19, 2023 @ 11:48 AM

How Canadian employees are embracing learning, development in their jobs learningonthejob

As students across the country return to school after their long summer break, many Canadian workers are showing school spirit with eagerness to learn new skills and knowledge in their jobs. ... [read more]

Monday, September 18, 2023 @ 2:26 PM

What to do when employee’s problematic behaviour resurfaces on Internet Internet

The Internet never forgets, and an employee’s questionable behaviour online can lead the public to believe their employers support such behaviour. ... [read more]

Monday, September 18, 2023 @ 2:09 PM

Pre-litigation third-party discovery order disallowed in estate case Stack of files

In a recent Ontario case White v. White Estate, 2023 ONSC 3740, the court was faced with an unusual question: should a person who has not challenged a will be allowed to inspect the deceased’s lawyer’s files — to see if they have a reason to challenge the will? ... [read more]

Monday, September 18, 2023 @ 11:58 AM

Reintroduction of COVID-19 mandates unlikely to ‘frustrate’ new employment contracts Briefcase

Amid warnings of a COVID-19 wave this fall in Canada, and renewed reminders from senior public health officials to wear a mask and get vaccinated, many question whether the reintroduction of government mandates is inevitable. ... [read more]