Capacity and Powers of Attorney
When we speak about “capacity” in the legal sense, we are considering whether a person can make a decision in a certain set of circumstances and understand the consequences of making, or not making, the decision. The decision maker does not necessarily need to make the “best” or the “right” decision, so long as they...
Continue reading the post titled Capacity and Powers of AttorneyEnforcing the Mandatory FSCO Mediation Timeline
On November 29, 2012, the Ontario Court of Appeal took a welcomed position by the personal injury bar concerning the statutory scheme for mandatory mediation under the Statutory Accident Benefits Schedule, O. Reg. 34/10 (“SABS”). In Hurst v. Aviva Insurance Company, 2012 ONCA 837, the question that was resolved was a question of law regarding...
Continue reading the post titled Enforcing the Mandatory FSCO Mediation TimelineUnderstanding Legal Costs
When clients first become involved in a legal action, many are confused about how the civil legal system works and whether or not they could be subjected to paying the other party’s costs. Every situation is different, but in Ontario it is the usual practice for the loser to pay the winner’s costs. What are Costs?...
Continue reading the post titled Understanding Legal CostsUnderstanding How Damages Are Assessed In A Personal Injury Case
(Note: Since publication, this information has changed. Please see the updated version of the article for current information.) Introduction One of the first questions people ask when they are considering their legal rights following a motor vehicle accident, slip and fall, or any other kind of injury, is “What is my case worth?” The fact...
Continue reading the post titled Understanding How Damages Are Assessed In A Personal Injury CaseWhat should you do if you’ve been injured outside of Ontario? An update on Club Resorts Ltd v Van Breda
Introduction A motor vehicle accident is a stressful event, but if you are involved in one outside of your home province it can be even more confusing. If legal action is necessary to get the compensation you deserve, it isn’t always immediately clear if you should sue in Ontario or in the place you were...
Continue reading the post titled What should you do if you’ve been injured outside of Ontario? An update on Club Resorts Ltd v Van BredaDividend Income: Should It Be Grossed Up When Calculating Child Support?
Siskinds Partner Marie Tukara recently argued a motion on how dividend income should be included when calculating income for child support purposes. In this article she outlines the decision and looks at other recent cases on this matter. In Rawluk-Harness v Harness, 2014 ONSC 2531, which I argued before Justice Mitrow, Justice Mitrow made an...
Continue reading the post titled Dividend Income: Should It Be Grossed Up When Calculating Child Support?New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...
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