When a minor causes serious harm, questions about who should be held legally responsible often arise. My colleague, Kristen King, and I had the pleasure of successfully defending Mr. H at trial last year in a lawsuit resulting from a horrific motor vehicle collision. Mr. H’s then 16-year-old grandson (“T”) had lived with him for […]
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If you’re concerned about the enforceability of the termination clause in your employment contract, it’s important to understand that the answer isn’t always straightforward. Termination Clauses Enforceability and Workplace Termination Laws: It Depends Short Answer: The enforceability of termination clauses varies. In many cases termination clauses are NOT enforceable. The Ontario Employment Standards Act (ESA) […]
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Here are 10 tips that will help you succeed at mediation: 1. Understand the Process Mediation is not a trial and requires a different skill set and approach. Leave your inner pit bull at the door and approach the mediation with a calm and professional demeanour. This will greatly improve the prospects of a settlement. […]
By Doug Wallace and Kristen King Published – SUMMER 2024 | The Litigator The New York Times reported a story last year about a lawyer who used ChatGPT to do his legal research for a motion filed with the federal court. A problem arose when opposing counsel was unable to locate any of the decisions […]
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The Ontario Court of Appeal has clarified key aspects of the law regarding attendant care benefits in the case of Morrissey v. Wawanesa Insurance Company. This landmark decision addresses critical issues related to retroactive claims and the definition of “incurred” expenses under the Statutory Accident Benefits Schedule (SABS). The ruling has important implications for individuals […]
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The Ontario Court of Appeal in Denman v. Radovanovic 2024 ONCA 276 has provided helpful guidance on a patient’s right to informed consent where treatment is provided by a multi-disciplinary team. The case is welcome news as it bolsters patients’ rights to full disclosure before proceeding with risky, multi-step medical procedures. What Happened? In Denman, […]
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In most cases, the short answer is yes. Most employees know they are entitled to notice or pay in lieu of notice when they are terminated from their job without cause. Pay in lieu of notice is often called severance pay or termination pay. There are legal distinctions between these terms, but the distinctions usually […]
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