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Legal Materials: Articles - canada

Personal Injury Claims for Children

Personal Injury Claims for Children

Category: Personal Injury

No matter how hard we try though, we can’t always prevent injuries and accidents from happening

Author: Renée Vinett – Howie, Sacks & Henry LLP

We can all agree that our children are the most precious treasures we have in life. That’s why we do everything we can to keep them safe and out of danger. No matter how hard we try though, we can’t always prevent injuries and accidents from happening…[+]

Dispatches from the family law sector: Limited Scope Retainer

Dispatches from the family law sector: Limited Scope Retainer

Category: Family Law

Author: Anita Lerek – Planet-Legal

According to York University law professor, Trevor Farrow, “Almost half (48.4 per cent) of Canadians over 18 will experience at least one civil or family justice problem over any given three-year period.”
(Everyday Legal Problems and the Cost of Justice in Canada: Overview Report.)…[+]

Preparing For Mediation

Preparing For Mediation

Category: Mediation

Author: Stuart Rudner – Rudner Law

As I discussed in a recent Canadian HR Law post, when it comes to mediation, one thing that interests me is the different ways that parties and their lawyers prepare (or don’t prepare) for mediation. The failure to prepare properly is often the difference between a successful mediation and an unsuccessful one…. [+]

Adoptions: To review or not to review

Adoptions: To review or not to review

Category: Family Law

Final or Not?

Author: Robert Shawyer – Shawyer Family Law & Mediation

The issue of adoption has recently made headlines across the country. In Prince Edward Island and now in many other provinces, questions are being raised as to whether unwed parents were coerced either psychologically and/or physically into giving up their children for adoption. The accounts of those who are coming forward, if true, raise many troubling questions… [+]

It Takes A Village: Ontario’s Human Rights Tribunal and the Lingering Debate over Accommodating Parental Responsibilities

It Takes A Village: Ontario’s Human Rights Tribunal and the Lingering Debate over Accommodating Parental Responsibilities

Category: Employment

When an employer must accomodate parental responsibilities

Author: Stuart Rudner & Shaun Bernstein – Rudner Law

Life as a working parent is never an easy balance. While parents from all walks of life manage to make it work out of necessity, there are inevitably some missed piano recitals or sporting events because of work commitments, and conversely missed work opportunities to ensure a cheering and supportive presence at the next hockey game. Yet when that hockey game is actually a doctor’s appointment, and no one else is available to take the child to the appointment, the priorities naturally shift from work to home…[+]

Terms of Service and Privacy Policies

Terms of Service and Privacy Policies

Category: Start-Ups

What you need to know about Terms of Service and Privacy policies

Author: Samuel Michaels – SM Legal

A Terms of Service (alternatively called a Terms & Conditions) is a legal document provided by a business to their customers. It is usually posted on a dedicated page on the business’ website. The Terms of Service describes the business’ product or service, sales process, and specific rules regarding cancellations, refunds, and returns. The Terms of Service will also often explain how customers should interact with the website, and how the business protects its property and content. Most online businesses will pair a Terms of Service with a dedicated Privacy Policy….[+]

What Do You Need to Do to Start a Business in Ontario

What Do You Need to Do to Start a Business in Ontario

Category: Start-Ups

Starting your own business in Ontario

Author: Alex Koch – insight lawyers

The Province of Ontario presents entrepreneurs with many opportunities to start a business; firstly as a host to a significant portion of the Canadian population and secondly as a province offering its residents some of the country’s highest incomes. For this reason many entrepreneurs are seeking to commence their business venture in Ontario; however, it is not always abundantly clear where these entrepreneurs should start and how they should proceed….[+]

How To Select The Appropriate Structure For Business

How To Select The Appropriate Structure For Business

Category: Start-Ups

Doing it right: How to structure your business

Author: Alex Koch – insight lawyers

With every new venture, there are new challenges. Not all, but some challenges can be avoided with better planning. One of the most common steps overlooked by new businesses is choosing the appropriate business vehicle. Selecting a business structure may not seem as important when you are trying to turn an idea into a business venture; however, it is one of the most important pillars on which your business is going to stand meaning that it is something that must be given thought to at the outset. Most businesses use one of the following five structures:…[+]

Does My Company Need Shareholders Agreement

Does My Company Need Shareholders Agreement

Category: Start-Ups

Author: Alex Koch – insight lawyers

Any individual who owns at least one share of a company is considered a shareholder. Although there are some laws in place to protect shareholders and to help them make certain decisions, shareholders of most companies prefer to negotiate their relationship with one another and to put it in writing via a shareholders’ agreement. In general, a shareholders’ agreement is a contract among a company’s shareholders used to guide their relationship, management of the company and the ownership and transfer of shares… [+]

Buying a Condo: its not like you are buying a pair of shoes

Buying a Condo: its not like you are buying a pair of shoes

Category: Real Estate

What you need to know before buying a condo

Author: Geary Shorser – Geary Shorser

And so it begins . . . . 
When you buy a condo unit from a builder, you will be dealing with the builder’s real estate sales agents, who will be in the project sales office. They will be able to discuss details of the project with you. When you buy from the builder, you buy a basic unit, and can add on custom features and upgrades, at additional cost. (Think of options on a car, it is the same idea. With a condo, you can upgrade the kitchen cabinets, the bathroom finishes and fixtures, the paint colours, the flooring, and many more …[+]

Steps in Buying a Home

Steps in Buying a Home

Category: Real Estate

How to buy a home, step by step

Author: David Warren – David Warren

While the role of the lawyer is critical in the purchase of a home, they are not the only professional you need to consult in the process.  You will also need to deal with a realtor, a bank or other lender, or a mortgage broker, an insurance broker and possibly a home inspector.  The lawyer’s role, for example, does not include the budgeting process, as to whether or not you can afford a particular home, which would be your lender or mortgage broker, or the habitability of a particular home, which will be the … [+]

Legal Separation: some factors for consideration

Legal Separation: some factors for consideration

Category: Family Law

When am I legally separated from my spouse?

Author: Sina Hariri – Hariri Law

One of the most common questions in family law is “when am I legally separated?” Like many things in law, the answer to this question depends on specific facts and circumstances.
Although many would believe that parties are “legally separated” when they stop living together, the legal reality is not so simple. Admittedly, living in separate residences is a very strong indicator that a couple may be separated. However, many couples continue to remain living under the same roof even though they are separated for many reasons…[+]

Co-Mediation: conductors in tandem

Co-Mediation: conductors in tandem

Category: Family Law

When two mediators are better than one

Author: Sina Hariri – Hariri Law

Mediation is an interesting alternative to court that provides an arena for a unique interplay between the parties, and the dimensions of their dispute. It brings the parties together for a discussion of their issues, which often consists of legal, emotional, and financial dimensions to name a few. Reaching a settlement is dependent on many of these dimensions and on the parties at the table – whether they are the parties involved, their lawyers, family members who exert influence, or the mediators themselves… [+]

Protecting Innovations of Startups are patents worth the investment

Protecting Innovations of Startups are patents worth the investment

Category: Intellectual Property

Are patents worth the investment

Author: Steve Martin – Ridout & Maybee LLP

Multi-billion dollar patent acquisitions by the likes of Google and billion dollar patent damages awards in disputes like that between Apple and Samsung have made patents rise in prominence recently.  While patents can be one of the most valuable assets a company owns, the value of each patent varies widely and pursuing a patent may not always be the right choice.  Entrepreneurs and Small and Medium-Sized Enterprises (SMEs) need … [+]

Blockchain Technologies Are Being Patented in Canada

Blockchain Technologies Are Being Patented in Canada

Category: Intellectual Property

What does this Mean for Future Blockchain Patents

Author: Filip Boskovic – Ridout & Maybee LLP

We had previously written about the emergence of and issues of patenting blockchain technology in Canada.
Over the course of the past year there has been an increase in the number of Blockchain patents filed in Canada. 
Notably, in 2018 at least two Blockchain patent applications have received a grant in Canada, including Canadian Patent No. 2 981 511 to Nasdaq, Inc., US (the “Nasdaq Patent”) … [+]