Nelligan O’Brien Payne Profiled in Best Offices Ottawa!

Blog Post
October 18, 2017

Nelligan O’Brien Payne has been selected for inclusion in the second edition of Best Offices Ottawa magazine! Published by the Ottawa Business Journal, Best Offices Ottawa 2017 profiles six of the most notable workplaces in the National Capital Region.

Toronto Neighbourhood Heats Up Over Copyright Battle

Blog Post
October 13, 2017

Copyright can apply to a wide variety of creative works. This includes sculpture, paintings and architectural work. An architect generally maintains the copyright in architectural designs unless those designs were developed for a client under the explicit understanding that the client owns the architect’s work product. But what happens when a newly built house appears to bear the exact same design as another house in the same neighbourhood?

Pam MacEachern at the Supreme Court of Canada

Blog Post
October 12, 2017

This morning our very own Pam MacEachern appeared before the Supreme Court of Canada in the case of Jeffrey G. Ewert v. Her Majesty the Queen in Right of Canada (the Commissioner of the Correctional Service of Canada, the Warden of Kent Institution and the Warden of Mission Institution). Pam was co-counsel for the interveners, the Native Women’s Association of Canada (NWAC) and the Canadian Association of Elizabeth Fry Societies (CAEFS).

International child abduction: When custody disputes go beyond Canadian borders

Blog Post
October 12, 2017

In this era of international travel, important questions arise for families with children. Namely, what do you do if your former spouse travels internationally with your children, and decides to throw away the return tickets? Statistics show that the idea of “stranger danger” has been overstated in the media, and that children are far more likely to be abducted by one of their parents.

Can the Sale of the Family Home Impact the Best Interests of the Children?

Blog Post
October 11, 2017

A house becomes more than just four walls and a roof when you put a family in it. It becomes a home; a place where family members – especially children – can feel safe and supported. However, the family home often becomes an issue after a separation. Who gets to live there? Should it be sold so that everyone can move on?

Just Cause: When Is It Justified?

Blog Post
October 6, 2017

Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?

Orange Shirt Day

Blog Post
September 29, 2017

On Friday, staff and lawyers at Nelligan O’Brien Payne came to work dressed in orange for Orange Shirt Day, in recognition of the harm the residential school system did to thousands of Indigenous children across Canada

When having a baby is a team effort

Blog Post
September 28, 2017

A surrogacy arrangement typically involves a few extra players who wouldn’t be present in a traditional pregnancy. Fertility specialists, lab technicians, sperm or egg donors and a surrogate and her loved ones come on board to assist a family in creating a new life. While it’s amazing to see how having a baby becomes a team effort, each new person who enters the equation increases the odds of a misunderstanding or miscommunication escalating into a dispute.

Can I Make Handwritten Changes To My Will?

Blog Post
September 26, 2017

It makes sense that a Will you executed many years ago will need to be updated at some point. Maybe you will want to add a beneficiary, or choose a different estate trustee. Can you just strike out one name and write another one? Is handwriting in a Will even considered valid? A recent British Columbia decision is a reminder that Wills are complex and often contentious documents, and any changes need to be made very carefully.