Team Google, World Internet Police?

Blog Post
July 7, 2017
Read Time: 4 minutes

Last week, the Supreme Court of Canada released its landmark ruling in the Google v Equustek case. The Google case is the latest chapter of a global shift that has seen neutral online intermediaries, like Google and Yahoo, conscripted into active enforcement roles. The impact of this ruling will play out globally in the coming months and years.

How Do I Know When I’ve Separated From My Spouse?

Blog Post
October 19, 2016
Read Time: 2 minutes

You may think it should be obvious and people should know when they have separated. However, relationships are complicated, and the timing of when they are formally over can actually be very difficult to pin down. In family law, especially for married spouses who will be equalizing their property, it’s important to have a fixed date, which becomes the date of separation. It has to be one specific day, not the month or year.

Common Employers? Another Appropriate Use of Summary Judgment Motions

Blog Post
June 9, 2016
Read Time: 3 minutes

Since the Supreme Court of Canada’s decision in Hryniak v. Mauldin, summary judgment has repeatedly been celebrated as an important tool in any employment lawyer’s toolbox. The length of the reasonable notice period or the validity of a termination clause are usually factually uncontroversial issues that are perfectly poised for determination without trial.

When Do We Become Common-law Spouses?

Blog Post
March 10, 2016
Read Time: 2 minutes

Some of the most common questions I get asked when people find out I am a family lawyer is ‘what am I getting into by moving in with my girlfriend/boyfriend?’ or ‘when/how do we become common-law?’. They’re pretty important questions. I think one of the reasons why there is so much confusion is because this issue is legislated by the provinces, so it depends on where you live. That means my answer to these questions only applies to Ontario.

Supreme Court Confirms Two Categories of Constructive Dismissal

Blog Post
March 12, 2015
Read Time: 4 minutes

The Supreme Court of Canada has recently issued another decision touching on constructive dismissal, specifically within the context of an employee’s indefinite administrative suspension with pay. In the case of Potter v New Brunswick Legal Aid Services Commission, the Court reaffirms and clarifies the two different approaches in determining whether constructive dismissal exists, and the appropriate analysis that must be carried out.