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Within the legal community, our lawyers are regularly asked to comment on the law or on their own involvement in high profile cases. Many of our lawyers are also frequently asked to teach litigation skills both at Universities and at ongoing legal education programs for lawyers.
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Ontario man liable for hockey punch despite bankruptcy case. The Court of Appeal for Ontarion has ruled that an Ontario man who went bankrupt in 2011 is still liable for the damages awarded when he punched an opponent in a 2004 recreational hockey game. Logo
No law for aftermath of client tragedy. There is no law that can prepare a lawyer for the feelings that follow after learning of a tragedy involving a client and his family, Toronto lawyer Michael Cochrane writes in Just. Magazine. The article, Hearts Broken All Around, chronicles Cochrane’s grief and the legal questions that followed when faced with the news that a client going through a "routine divorce" had killed his wife, and then been killed by the police. Read the full article on Logo
Dealing with difficult clients. Toronto corporate and commercial lawyer Scot Patriquin tells Lawyers Weekly that in many cases lawyers create their own difficult clients by not being candid from the beginning. Patriquin makes his comments in an article about delicately handling problem clients. Read the full article on Logo
Reasonable apprehension of bias disqualifies panel decision. Civil litigator Kevin D. Toyne says a recent ruling that disqualified an appeal panel ruling because of one judge’s short-lived solicitor-client relationship with one of the parties "illustrates that a reasonable apprehension of bias regarding one judge is sometimes enough to disqualify an entire appeal panel." Read the full article on Logo
More regulation, awareness needed around service animals. A new provincial law in British Columbia that would provide guide-dog owners with government-issued identification illustrates the need for more awareness and regulations around service animals, says Toronto litigator Kevin D. Toyne. The National Post reports that B.C.’s newly introduced Guide Dog and Service Dog Act aims to standardize service dog training and certification in the province as well as curb the use of unlicensed “service dog” capes and fraudulent identification. Read the full article on Logo
Tweet-up draws hundreds of participants. In one hour, almost 1,000 tweets were logged from more than 500 users during a Twitter-based mental health awareness campaign presented by the Canadian Heroes Foundation, says Toronto family lawyer Kathryn Hendrikx, who participated in the online event. Hendrikx, partner with Brauti Thorning LLP, was part of a tweet-up that took place March 22 with an aim to raise awareness surrounding mental health issues faced by first responders. In total, 959 tweets were sent out from 517 unique tweeters during the event. Read the full article on Logo
Judge orders a new trial in assault case. A judge has ordered a new trial for Toronto criminal lawyer Peter Thorning’s client and ruled that the trial judge "improperly intervened" and compromised the fairness of the proceedings. "He usurped the function of Crown counsel," Justice Robert F. Goldstein wrote in his decision. "He intervened improperly in the cross-examination." "Regrettably, he also failed to properly apply the appropriate principles for dealing with the evidence of an accused person." Read the full article on Logo
Liability for hockey punch survives bankruptcy. A recent Court of Appeal decision reinforces the fact that an underlying civil liability can survive bankruptcy, says Toronto civil litigator Kevin D. Toyne. "I think there's a common misconception that if you declare bankruptcy, any liability that you may have incurred or any judgments that you might be subject to, you're no longer responsible for," says Toyne, partner with Brauti Thorning LLP. "That's just incorrect." Read the full article on

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Some Challenges and Considerations When Dealing with Mentally Ill Clients. Maureen Salama, associate at Brauti Thorning LLP, has authored a compelling article on the challenges and considerations when representing clients with mental illness. The article is presented from a criminal defence lawyers' perspective and was published in the February issue of "Health Law in Canada" published by LexisNexis. Logo
Court creates separate standard for political blogosphere. A recent case involving political bloggers raises the question of whether the law of defamation has a role to play in a context where less regard appears to be paid to facts and the truth, says Toronto civil litigator John Philpott. Philpott, an associate with Brauti Thorning LLP, says Baglow v. Smith, 2015 ONSC 1175 (CanLII) is one of the first cases in Canada where defamation allegations have arisen from the political blogosphere. Read the full article on Logo
Peter Brauti answers common legal questions on BT Legal TV. The first thing someone should do after learning he or she is being investigated by the police is to call a lawyer, Toronto criminal lawyer Peter Brauti says on a recent episode of BT Legal TV. BT Legal TV features informative legal news videos — with host and Brauti Thorning LLP partner Lorne Honickman — that provide insight and information into the many legal issues that you face every day. Read the full article on Logo
Personal injury claimants likely to suffer due to backlog. Car accident lawsuits not only make up the majority of personal injury actions, but they are also likely to be more complex than other types of files, Toronto personal injury lawyer Mark MacNeill says on a recent episode of BT Legal TV. Read the full article on Logo
Responsible lotto group play can prevent disputes. While many players may not value their importance, documents like group play forms or lottery pool contracts may mean the difference between sharing in a large jackpot or receiving nothing, Toronto lawyer Michael Cochrane says on a recent episode of BT Legal TV. Read the full article on Logo
Personal health data as legal evidence not likely to act as smoking gun. Using personal health data in legal matters may be helpful as “another tool in the basket,” but it’s not likely to eliminate the need for other evidence, Toronto personal injury lawyer Mark MacNeill tells Canadian Lawyer magazine. Read the full article on Logo
Toyne to co-chair animal law program at OBA Institute. Toronto litigator and appellate lawyer Kevin D. Toyne will co-chair a program at the upcoming Ontario Bar Association Institute 2015, discussing the latest developments and trends in the area of animal law. Read the full article on Logo
'Fear overwhelmed his ability to do the right thing:' Gridin A teenage driver who fled the scene after fatally striking a pedestrian was immobilized by fear, says Toronto criminal lawyer Lawrence Gridin. "Fear overwhelmed his ability to do the right thing," he said. "He had a sense of paralysis." Gridin, of Brauti Thorning LLP, represented Tanvir Padda, who was 18 at the time the crash. Padda pleaded guilty to leaving the scene of the crash. Charges of impaired driving causing death and criminal negligence causing death were withdrawn. A Kitchener-Waterloo Record article, indicates that Padda, of Brampton, was sentenced to four months in jail and prohibited from driving for two years; the judge also imposed two years of probation in connection with the death of Jordan Gillis, 29. The Crown had been seeking a penalty of nine months in jail. Read the full article on Logo
Brauti presents emails showing senior officer support for Fenton's orders at G20. During a disciplinary hearing, Toronto criminal lawyer Peter Brauti presented emails from senior Toronto police officers indicating they supported a fellow officer's decision to "kettle" hundreds of people during the G20 weekend, reports the Toronto Star. One of those emails originated from former staff superintendent Jeff McGuire to Supt. David (Mark) Fenton on June 28, 2010, hours after Fenton ordered mass arrests, says the newspaper. Read the full article on Logo
Judge dismisses defamation action against hotel, employee over comments in night log. An Ontario Superior Court justice has dismissed an action for defamation after a woman sought damages for defamation against Fairmont Hotels Inc. and one of its employees. Toronto defamation lawyer Lorne Honickman represented the hotel and its employee in the matter. Read the full article on Logo
SCC decision applied in human rights case. It's unfortunate that professionals who have been cleared in criminal investigations and by administrative bodies sometimes have to continue to defend themselves, Toronto criminal lawyer Maureen Salama says in Law Times. She makes the comment in the legal publication in connection with the case of her client, Jayson Schwarz, the principal at Schwarz Law LLP in Toronto. He is currently preparing for a full hearing of the allegations made against him by his former bookkeeper, Leslie Ormesher. Read the full article on Logo
The enduring stigma of criminal charges in the Internet age. Lingering online media stories has meant that the stigma of being charged with a crime often has long-lasting impacts on an accused person – regardless of the outcome of the case, Toronto criminal lawyer Maureen Salama tells Law Times. Read the full article on Logo
Colleagues offer their thoughts on Greenspan’s magic. As a high school student, Michael Lacy could barely have imagined meeting his idol Eddie Greenspan, let alone working with him one day. “I know it sounds cliché, but he really was the reason I wanted to be a lawyer and practise criminal law,” says Lacy of Greenspan, the legendary criminal defence lawyer who died on Dec. 24 at the age of 70 on holiday in Phoenix, Ariz. .. Read the full article on

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