Courts show growing willingness to award damages when Charter rights are violated

September 18, 2017

This article originally appeared in The Lawyers Daily on September 11, 2017, published by LexisNexis Canada Inc. The Supreme Court of Canada opened the door in 2010 for plaintiffs to seek damages from the government based on breaches of their rights under the Canadian Charter of Rights and Freedoms (“the Charter“). In Ward v. Vancouver (City), 2010 SCC… Read more »

Ottawa lawyers scuttle attempted condo board takeover

July 19, 2017

Three individuals tried to gain control of a Toronto condo board and its multimillion-dollar budget by manipulating the director election process, an investigation by Ottawa law firm Nelligan O’Brien Payne has found.

Powers of Attorney Abuse – Make sure they are acting in your best interest

June 1, 2017

Canadians are now more than ever realizing the benefits of having Powers of Attorney (“POA”). We are living longer into old age, and planning for the future has become a necessity. POAs are useful planning tools for ensuring your health and financial interests are legally protected if you become incapable of decision-making.

Understanding Estate, Attorney and Trustee Accounting

March 27, 2017

Over my years of practice, I have not been able to get used to the startled look that an executor, attorney or trustee gives me when I advise them of their duty to account. Questions such as: “Really?” “Why?” and “To whom?” then follow.

Draft covenants with care

March 17, 2017

The case of Donaldson Travel has been added to the long list of cautionary tales for employers who are drafting restrictive covenants in employment contracts.

Busted for pornography at work… what are the consequences for employees?

March 3, 2017

Access to the Internet is now a fixture in Canadian workplaces and pornography can be accessed in seconds by a few keystrokes and the click of a mouse. This has created unique problems for employers, who are faced with making decisions about employees caught electronically accessing, storing or distributing pornography at work or on employer-owned devices.