Substance Abuse in the Workplace? Prove it.

May 27th, 2016 by Marty Rabinovitch

It’s the type of lottery most employees would rather not win — a compulsory test to check for the presence of alcohol or drugs in their system. Concerns of alcohol and substance use are common in high-risk workplaces where even minor oversights could cause serious injury to employees. As a response to such concerns, either […]


Can I Get A Divorce Without My Spouse’s Consent?

May 24th, 2016 by John Schuman

For many spouses, the prospect of a divorce is an unwelcome reality. Some refuse to accept that their relationship is over, while others view it as an affront to their religious beliefs. In such cases, it may be difficult to get that spouse’s consent to a divorce. However, under Canadian law, you do not need […]


What’s the Difference Between a Legal Separation and …

May 19th, 2016 by John Schuman

While many people believe that separation and divorce are interchangeable terms, legally speaking they are quite different and carry with them different consequences. For spouses who are facing a breakdown of their relationship, it is important to appreciate the difference and how it can affect your rights and obligations. What is a Divorce? A divorce […]


Human Rights Tribunal Finds Miscarriage Constitutes Dis …

May 17th, 2016 by Michelle Stephenson

A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation. In Mou v. MHPM Project Leaders, the applicant alleged that her employer had discriminated against her with respect to disability, contrary to the Human Rights Code. She alleged that she […]


Court of Appeal Awards Over $200,000 for Breach of Fixe …

May 13th, 2016 by Marty Rabinovitch and Ira Marcovitch

Employers with employees on fixed-term employment contracts should pay heed to the recent decision in Howard v Benson Group, where the Ontario Court of Appeal reversed a motion judge’s findings with relation to a fixed-term contract and, in doing so, awarded an employee over $200,000.00 – the balance of his contract. The facts of the […]


Still time to take advantage of tax planning opportunit …

May 10th, 2016 by Sabina Mexis

This year, May 2nd marked the official end of personal tax season; however, if you are self employed or own your own business, you still have until June 15th to file your income tax return. Tax issues seem to dominate the news lately, starting with the Federal and Provincial Budgets and most recently with the […]


Separated spouses selling jointly held property

May 9th, 2016 by Ira Marcovitch and John Schuman

Certified Specialist and Toronto Area Family Law Lawyer, Mediator and Arbitrator John Schuman was asked the following question: I have been separated for 4 years. My ex husband and I, together with my parents own a cottage. We’ve tried to sell it. It’s been on the market, but my ex doesn’t want to reduce the […]


Lexum iPhonium: Nova Scotia Supreme Court Upholds Siri …

May 4th, 2016 by Ira Marcovitch

In a decision released in October, Justice Jamie Campbell of the Nova Scotia Supreme Court upheld the acquittal of a man who was caught using the Siri function on his iPhone while driving and subsequently charged with distracted driving.  While the decision is only binding in Nova Scotia, the case raises some issues that may […]


Court of Appeal Upholds Validity of Trusts Made to the …

May 3rd, 2016 by Ira Marcovitch

In a recent decision, the Ontario court of Appeal confirmed that where property is placed in trust for the use of a beneficiary, that beneficiary is both entitled to use it or to save it and bequeath or devise it to an heir. In Holgate, the Court was called upon to interpret the will of […]

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