News & Media
BT Legal lawyer David Rudolf recently wrote an article for Toronto Life about his family's move from North Carolina to Toronto.
The recent Ontario Court of Appeal decision in Kearns v. Canadian Tire Corporation, Limited., 2020 ONCA 709 is a stark reminder for employers to ensure that company representatives have complete knowledge on all of the relevant facts before entering into a settlement agreement with dismissed employees. Settlement agreements are binding contracts like any other, and a party’s unilateral mistake with respect to any terms of the agreement will not be rectified by the court unless the party can establish fraud or the equivalent of fraud.
Steven J Weisz, Sharon Kour, Caitlin Fell, and Christopher McGoey contributed to Chamber and Partners Insolvency 2019 Second Edition Guide.
'Procedurally unfair': Disqualified cannabis lottery winners file legal challenge against AGCO
Spurned pot shop hopefuls going to court to challenge cannabis store lottery
Ontario judge freezes cannabis retail licensing process amid legal challenges.
Michael Cochrane appeared on the HiFi Radio with "The Wolf on Bay Street" on August 24th 2019 to discuss the cost of divorce and 'wealth destruction".
Michael Cochrane appeared on Money Talk to discuss prenuptial agreements.
Michael Cochrane appeared on the HiFi Radio with "The Wolf on Bay Street".
Steven Weisz, Caitlin Fell, and Alex Don authored a publication "Insolvency 2019" found in Chambers and Partners.
Steven Weisz, Caitlin Fell, Alex Don authored an article, "Transferring Assets in a Receivership in Canada? Is It Vested or Not?" for Thought Leadership From Our Experts, Expert Guides.
Michael Cochrane recently appeared as panelist on BNN Bloomberg's The Divorce Show.
The video can be seen in the following three links.
Preparing for the worst
Hitting reset on a financial plan
The new reality of social media
Bond Grads On a Mission
Meet two Canadians who went to law school in Australia — and now work hard every day to help their clients access justice. Read more.
'A clear win': Is ex-girlfriend in $6M Chatham lottery fight closer to cash after court ruling?
A prominent lawyer says Chatham’s $6-million lottery winner and his ex-girlfriend, who have been battling over splitting the jackpot for a year, should “get down to the evidence.” Read more.
Best Lawyers in Canada 2019: Steven Weisz and Michael Lacy
Best Lawyers named partners Steven Weisz and Michael Lacy "The Best Lawyers in Canada". Lawyers named to The Best Lawyers in Canada were recognized by their peers in the legal industry for their professional excellence.
Precedent set for lawyers representing fraud victims
The Divisional Court has granted what lawyers say is the first appeal in Ontario that did not provide notice to a defendant. Read more.
Advocates Society: Leslie Dizgun Co-chair, Advanced Mediation Advocacy Workshop
Employment Law Skills Program
Mr. Dizgun was asked by the Advocates Society to chair its first ever Employment Law Skills Workshop, in September 2018. Mr. Dizgun is a respected employment law lawyer often consulted by his peers on complex cases.
Fees ‘contingent on success’ in family law inappropriate court. Read more.
Norton Rose Fulbright
On April 27, 2018, Mr. Dizgun will co-chair a Mediation Advocacy Workshop for Norton Rose Fulbright, in Vancouver, British Columbia. Norton Rose Fulbright is a leading global law firm.
Co-chair, Mediation Advocacy, for Norton Rose Fulbright, in Vancouver
Toronto employment lawyer Justin W. Anisman’s article "Equal Pay For Part Time Work Begins April 1, 2018" has been republished by Mondaq. Mondaq runs the largest online legal news syndication network worldwide.
On April 1, 2018, Ontario’s new Pay Equity legislation comes into effect. Read more.
Legal groups push back on social media criticism of Norris’ appointment to Federal Court. Read more.
Labour Arbitration Advocacy
On March 6, 2018, the Advocates Society presented its first Labour Arbitration Advocacy program. Mr. Dizgun was one of a select group chosen as instructors in this first ever program. The program was very well subscribed to by labour lawyers.
Use of Roll-ups in Canadian CCAA Cases Is Hotly Debated
When an insolvent company contemplates filing for creditor protection under one of Canada’s principle restructuring statutes, it may require interim financing or, as more typically referred to in the U.S., debtor-in-possession (DIP) financing. Read full article.
Peter Zywot and Annie Chu attended a prominent GTA association and conducted a day-long Will Clinic for a contingent of their members. They met privately with members and their spouses, and answered any questions they had about wills, guided them through the process and provided advice on the most practical ways to give effect to their wishes.
"Use of Roll-ups in Canadian CCAA Cases Is Hotly Debated" article on the Turnaround Management Association.
Advocates Society: Leslie Dizgun Instructor, Labour Arbitration Advocacy
Ontario judge blasts ‘frustrating’ lack of resources as trial delayed for year. Read more.
New evidence explains Forcillo's error and should trigger a retrial for TO cop: defence. Read more.
CLA calls on province to ‘live up to the commitment made’ on records checks. Read more.
Delayed justice ‘the elephant in the room’ in lengthy Hamilton domestic assault trial. Read more.
Trudeau government is falling short on justice reform. Read more.
LSO examines its role in legal aid. Read more.
Advocates Society, Leslie Dizgun speaker in program on Summary Judgment Motions
York University: Leslie Dizgun teaching course on Dispute Settlement in the Civil Justice System, Winter, 2018.
Advocates Society: Leslie Dizgun Co-chair, Advanced Mediation Advocacy Workshop
Advanced Mediation Advocacy Workshop
The Advocates Society is a national association committed to promoting the development of legal advocacy for the last 50 years. Mr. Dizgun has been an active member of its teaching faculty for over 10 years. 97% of legal disputes do not go to trial. Most settle in mediation. Mr. Dizgun, an early adopter of mediation, has been co-chair of its Mediation Advocacy program for more than 5 years. In November 2017, Mr. Dizgun co-chaired an Advanced Mediation Advocacy Workshop on Barriers to Conflict Resolution, an extension of The Advocates Society very popular Mediation Advocacy Workshop. Brauti Thorning LLP recognizes mediation advocacy skills are now as important as trial practice skills in order to provide the best service to its clients.
Ontario must make bail reform meaningful. Read more.
Judge dismisses charges in Sudbury byelection trial. Read more.
Chris Selley: Both accused acquitted as nearly pointless Sudbury byelection charges dismissed. Read more.
Judge dismisses charges in Sudbury byelection trial. Read more.
Defence moves to toss Sudbury bribery case. Read more.
Leslie Dizgun authored an article, “Med/Arb.: Crossing The Line”, in, The Practitioner’s Guide To Commercial Arbitration, ed. Marvin Huberman, Irwin Law, 2017.
Toronto Police look at stricter penalties for drunk driving cops. Read the full article on thestar.com
Charges stayed against Lougheed Jr.. A prominent Liberal fundraiser facing two bribery charges concerning the February, 2015 provincial byelection in the Sudbury riding has had his charges stayed by the Crown. Read the full article on thesudburystar.com
Police defender: Peter Brauti. In a tense Toronto courtroom, defence lawyer Peter Brauti stood beside his ashen-faced client, Const. James Forcillo, to hear the verdicts in one of Canada’s most-watched police trials. Forcillo was charged with murder in the shooting of 18-year-old Sammy Yatim, armed with a switchblade when he confronted police on an empty Toronto streetcar in July 2013.. Read the full article on CanadianLawyerMag.com
Guilty pleas end risk of revealing RCMP surveillance technology. Six accused mobsters were acquitted of first-degree murder charges in Laval on Wednesday as they agreed to plead guilty to a lesser charge of murder conspiracy, scuttling a separate hearing that risked revealing sensitive information about police surveillance technology. Read the full article on Globe & Mail.
Few Surprised by Jian Ghomeshi’s Acquittal, But Many Outraged. It was a verdict that seemingly surprised no one, though it outraged many. Read the full article on VICE.com.
Court of Appeal decision could impact jury selection. An upcoming decision by the Ontario Court of Appeal could greatly impact how the jury selection process takes place in the province, depending on its interpretation of eight-year-old amendments to the Criminal Code. Read the full article on lawtimesnews.com.
CBC RADIO. .. Listen to the full interview on cbc.ca
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.
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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.
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 AdvocateDaily.com
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 AdvocateDaily.com.
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
'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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 AdvocateDaily.com
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 lawtimesnews.com
Cops cleared of assaulting robbery suspect on first day of trial. Three police officers were cleared of assaulting robbery suspect after the key witness in the case confused his testimony on the stand. Read the full article on www.thestar.com
The way unnamed media sources are used becoming 'potentially harmful' The increasingly common use of unnamed sources as the basis for allegations against individuals in media stories is a significant shift in journalism that needs to be addressed, says Toronto defamation lawyer and civil litigator Lorne Honickman.
"I believe it is a dangerous trend in journalism because of the inherent unfairness to the subject of the anonymous allegations and the resulting potential harm that could be done," he tells AdvocateDaily.com. Read the full article on AdvocateDaily.com
Rise of co-parenting in family law. A recent report establishing some form of joint custody or shared parenting as the most common post-separation parenting arrangement is in line with what I’m experiencing in my family law practice. This is a growing trend and when discussing parenting plans I use the language of "co-parenting." Read the full article on AdvocateDaily.com
Case winds its way through court for 20+ years. A fraudulent conveyance case involving the transfer of four properties is unique because it "involves conveyances that occured as far back as 27 years ago," says Toronto commercial litigator Trung Nguyen. Read the full article on AdvocateDaily.com
Costly police body cameras present some legal issues. Equipping police officers with body cameras is a large undertaking that will incur the additional expense of viewing and storing countless hours of video footage for court cases, a daunting task for police forces already financially stressed, says Toronto criminal lawyer Peter Brauti.
"I don’t see how we are even close to being in a situation of managing that," he says. Read the full article on AdvocateDaily.com
New book tells untold story of Canadian golf great Before Tiger Woods, there was George Lyon, a Canadian golf legend whose life story has remained largely unknown – until now.
Toronto lawyer Michael Cochrane's new book Olympic Lyon: The untold story of the last (and lost) Gold Medal for Golf, to be released in 2015, tells of how, against all odds, Lyon took home the gold medal for golf at the 1904 Olympic Games.
The Ontario native went on to numerous further golf glories, national championships and recognition as one of Canada's greatest athletes, but his legacy – and his gold medal – were lost for a time. Read the full article on AdvocateDaily.com
New summary procedure efficient but could be abused. A recent Superior Court decision, where the judge drew upon Rule 2.1 to dismiss a motion by a litigant who had "already had his day in court," is "the kind of motion that this rule is designed to put a very quick end to," civil litigator Kevin Toyne tells Legal Feeds. Read the full article on AdvocateDaily.com
Misconduct hearing arising from G20 begins for senior cop.
TORONTO – A disciplinary hearing is now underway for the most senior police officer charged in relation to the mass arrests during the G20 summit in Toronto four years ago.
Supt. David (Mark) Fenton has pleaded not guilty to a total of five charges of unlawful arrest and discreditable conduct stemming from two "kettling" incidents that occurred over the summit weekend. Read the full article on AdvocateDaily.com
SCC decision will likely impact scope of contract claimsThe Supreme Court of Canada's recent decision in Bhasin v. Hrynew, 2014 SCC 71 (CanLII) – which established a general doctrine of good faith between parties and created a general duty of honesty in contractual performance – has the potential to widen the scope of contract claims, says Toronto civil litigator Adam Weissman. Read the full article on AdvocateDaily.com
New rule of civil procedure tool to deal with vexatious litigants. An Ontario Superior Court judge has drawn upon a new rule of civil procedure to dismiss a motion by a litigant who had "already had his day in court."
In Gao v. Ontario WSIB, Justice Fred Myers directed the registrar to send a notice under Rule 2.1, part of the Superior Court of Justice Rules of Civil Procedure, to Tieguang Gao indicating his motion was dismissed. Read the full article on canadianlawyermag.com
Cochrane to co-chair session on ethical challenges in ADR. Toronto lawyer Michael Cochrane will host an upcoming Canadian Bar Association (CBA) event aimed at tackling the ethical challenges in mediation and arbitration. Read the full article on AdvocateDaily.com
Tozer to share tips at corporate law program. Toronto corporate and commercial lawyer Mark Tozer will share his insights into tax-deferred reorganizations at an upcoming advanced corporate law program run by The Institute of Law Clerks of Ontario (ILCO). Read the full article on AdvocateDaily.com
BT Legal doubles the firm's Run for the Cure goal. Brauti Thorning LLP doubled the fundraising goal the firm had set for the 2014 CIBC Run for the Cure in Toronto.
The firm had set the goal at $1,500, but raised more than $3,000 for the charity event, held Oct. 5.
BT Legal had great support from its lawyers and staff with the following participating: Maureen Salama, Alex Alton, Bryan Badali, Russell Connelly, Richard Diniz, Ashley Fitzpatrick, Amanda Goncalves, David Meirovici, Violet Plocica, Ilana Raynai, Laura Rebry, Vy Rodulfo, Kortney Sharma and Adam Weissman. Read the full article on AdvocateDaily.com
Court order does not always equal payment. Obtaining a court order for child or spousal support is only the first stage of a process that ideally ends with enforcement of the order and receipt of payment, says Toronto family lawyer Kathryn Hendrikx. Read the full article on AdvocateDaily.com
Work, private lives may no longer be separate. The scandal that continues to engulf fired CBC Radio host Jian Ghomeshi highlights an important trend in employment law related to the increasing blur between professional and private lives, says Toronto lawyer Michael Cochrane.
The impact of off-duty conduct on an individual’s job has become part of the conversation around allegations faced by Ghomeshi, who has been accused of abusive behaviour by women through media reports. Read the full article on AdvocateDaily.com
'Job-hopping' expected for young grads: Salama. While frequent "job-hopping" can be more problematic the older a lawyer gets, it's not an entirely negative thing for a law student, a first- or second-year associate, Toronto criminal lawyer Maureen Salama tells the Lawyers Weekly.
"The way I view it is, they're young. I expect a varied work history. It's very rare at that stage of the game that they know exactly what they're going to do," she says. Read the full article on AdvocateDaily.com
BT Legal band takes home Lexpert Cup at AIDSbeat. A funk and classic rock band comprised of Brauti Thorning LLP lawyers took home the coveted Lexpert Cup at AIDSbeat 2014.
While the band, Mutual Release, has only been practising for about six weeks, they took home top honours at the Oct. 24th charity event. This year's theme was Studio 54 and the band treated the crowd to several decade-appropriate cover songs, including "Pick up the Pieces" by Average White Band and "I Want to Take You Higher" by Sly and the Family Stone. Read the full article on AdvocateDaily.com
Court treatment of pets in divorce raises key questions. In the context of divorce, the law is clear that pets are considered property – but arriving at this conclusion has been a years-long struggle for the courts, Toronto family lawyer Jennifer Krob writes in the Advocates' Society's Young Advocates' newsletter. Read the full article on AdvocateDaily.com
Criminal organization exploited man: Thorning. Toronto criminal lawyer Peter Thorning says his client, a man sentenced for conspiring to import cocaine, is remorseful for his actions and was ruthlessly exploited by a criminal organization.
SunMedia reports that a "trusted member" of a conspiracy to import a tonne of cocaine per month into Canada was sentenced to eight years in prison. The Crown had sought 10 to 12 years in the penitentiary. Read the full article on AdvocateDaily.com
BT Legal band ready to rock AIDSBeat event. Making their debut at Friday night’s AIDSbeat event is Mutual Release, a band comprised of Brauti Thorning LLP lawyers.
"Born of molten rock and hewn from the great limbs of the Primordial Forest, Mutual Release is not but just a band, but something greater: a concept, a philosophy, a way of life," the band's bio reads. Read the full article on AdvocateDaily.com
Decision provides clarity on meaning of final order. A recent Court of Appeal decision helps clarify the difference between final and interlocutory orders, which in turn can determine a party’s appeal rights, says Toronto litigator and appellate lawyer Kevin D. Toyne. Read the full article on AdvocateDaily.com
When office lotto pools go bad. Messy lottery disputes are increasingly pitting co-worker against co-worker as office pools lawyer up. Read the full article on www.macleans.ca
Don’t panic if your ex threatens to quit working. Faced with the financial stresses of divorce, it’s quite common for spouses to lash out about money, and when the issue in question is support, payors (the spouses who pay support) have been known to threaten, “If you don’t accept what I’m offering for support, I’ll quit my job and then you and the kids will get nothing!”. Read the full article on AdvocateDaily.com
Adult child support responsibilities. While a son or daughter may remain a child at heart for many years, when do they cease to be a “child of the marriage,” as related to a support payor’s financial obligations? That was the question addressed by Toronto family lawyer Kathryn Hendrikx at a recent conference presented by the Institute of Law Clerks of Ontario. Read the full article on AdvocateDaily.com
Magnotta case a battle of the experts. The first-degree murder trial of Luka Rocco Magnotta will likely come down to a battle of the experts who will present key evidence on whether he is criminally responsible for killing Montreal student Jun Lin, Toronto criminal lawyer Lorne Honickman tells Global News. Read the full article on AdvocateDaily.com
How best to avoid a client’s settlement remorse. A good practice for counsel going through mediation is to ensure they document the process, Toronto personal injury lawyer Mark MacNeill tells Law Times.
To demonstrate that the lawyer has explained the details of the settlement to the client, "the full and final release is the final linchpin," he tells the legal publication. "It’s always a good idea to have the client sign the actual mediation agreement. You want to confirm those things in writing as soon as possible." Read the full article on AdvocateDaily.com
The effect of reconciliation on a separation agreement. Most people, after having separated from their spouse, divided their property, and negotiated a separation agreement, would be happy to never see their former spouse again. But every so often the stars align, and two people who were just a few months shy of their divorce order have a change of heart and decide to reconcile. Some of them live happily ever after. Others realize that they made a mistake and are left having to navigate the murky waters of separation all over again; but this time they have the added obstacle of a separation agreement to contend with. Read the full article on AdvocateDaily.com
Settlement reached in lotto jackpot suit. A settlement has been reached in the case of an Ontario man who argued he was entitled to his share of a $50-million jackpot won by an employee lottery pool due to “good faith,” says Toronto lawyer Michael Cochrane. Read the full article on AdvocateDaily.com
Lorne Honickman on Luka Magnotta trial (Global News). See the full video on GlobalNews.ca
Jury selection challenges in Magnotta trial not unusual. As the jury selection process continues for the murder trial of Luka Magnotta, Toronto criminal lawyer Lorne Honickman tells Global News that it's not uncommon for potential jurors to ask to be excused. Read the full article on AdvocateDaily.com
Lorne Honickman talks about the Luka Magnotta trial on Global News. Tue, Sep 9: Our legal analyst talks about the high-profile Luka Magnotta trial. See the full video on globalnews.ca
Charges Unconditionally Withdrawn Against MorEnergy.
LONDON, ONTARIO--(Marketwired - Sept. 8, 2014) - After laying charges under the Consumer Protection Act against MorEnergy Services Inc. and its directors, the Ministry of Consumer Services has withdrawn all charges unconditionally.
The decision to withdraw the charges was not a surprise to president John Nassar, who stated MorEnergy prides itself on customer relations since 2003 and has worked with the ministry and the consumer to ensure that this 11 year reputation is upheld. Read the full article on MarketWired.com
Paralegal Society of Ontario - AGCO Rules of Practice CPD . PSO Education Committee is hosting an event on Alcohol and Gaming Commission of Ontario- Rules of Practice. It is a great learning opportunity about the Commission and its procedures for those who would like to think outside of the box and expand their business arenas to a non-traditional tribunal.
Honickman focuses practice on defamation law. Before making his name as a defamation lawyer and civil and criminal litigator, Lorne Honickman was a well-known legal specialist for CityTV Toronto for more than 20 years. Read the full article on AdvocateDaily.com
Mammoliti blames Veld festival deaths on promoters, 2 councillors. A Toronto city councillor could be facing legal trouble for a statement he released in the wake of two deaths at a music festival held over the weekend. Read the full article on www.thestar.com
Forcillo faces second charge in Yatim fatal shooting. A Toronto Police officer has been charged with attempted murder arising from the shooting death of Sammy Yatim, Toronto criminal lawyer Lawrence Gridin tells the Toronto Star.
The new charge is on top of the second-degree murder charge laid by Ontario's Special Investigations Unit against Const. James Forcillo in relation to the death of the teenager last summer. Gridin is defending Forcillo with Peter Brauti, both with Brauti Thorning LLP. Read the full article on AdvocateDaily.com
Honickman recognized as leading defamation expert. Toronto civil litigator Lorne Honickman has been recognized in the 2014 Canadian Legal Lexpert Directory for his expertise in defamation and media.
Honickman, partner at Brauti Thorning LLP, was called to Bar 1997 and began practicing law full time, after a distinguished 20-year career as a television broadcaster. His practice is extensive and wide ranging, covering several areas of corporate, civil, regulatory and criminal litigation. He has appeared in all levels of court in Ontario, as well as the Supreme Court of Canada and has acted for clients in many high profile civil and criminal trials. Read the full article on AdvocateDaily.com
Brauti urges council not to suspend JP for misconduct. An Ontario justice of the peace, who admits to two counts of judicial misconduct, shouldn’t face a 30-day suspension without pay, Toronto criminal lawyer Peter Brauti told a review council, reports the Toronto Star.
Brauti’s client, JP Alfred “Budd” Johnston, appeared before a Justice of the Peace Review Council where he apologized for his actions in late 2012 that gave rise to the complaints. According to an agreed statement of facts, Johnston threw out a docket of cases because a Crown attorney was 71 seconds late to court and he mocked a self-represented defendant, says the Star story. Read the full article on AdvocateDaily.com
Judge turns down bid for blanket ban on Magnotta trial evidence. MONTREAL - The judge overseeing the trial of alleged murderer Luka Rocco Magnotta has denied a defence motion to limit what media can report on the criminal proceedings.
Magnotta's lawyer was seeking a publication ban on the reporting of any evidence presented at his client's murder trial, which begins in September. Read the full article on AdvocateDaily.com
Incarceration doesn't rehabilitate people. Toronto criminal lawyer Peter Thorning says long periods of time behind bars isn’t the way to rehabilitate people.
He made the comments in court at the sentencing hearing of a man who was convicted of killing Toronto-area woman, Mimi Khonsari, more than a decade ago, reports PostMedia. Read the full article on AdvocateDaily.com
Is baseball fan's $10M lawsuit a hit?. Toronto civil litigator Lorne Honickman questions whether there is cause of action in a $10-million defamation lawsuit that a man has filed against ESPN and its announcers, among others, for "mental anguish" after he was mocked for sleeping in his seat during a national baseball telecast at Yankee Stadium. Read the full article on AdvocateDaily.com
Brauti concerned about perception in streetcar shooting case. The media has unfairly depicted the police officer who has been sent to trial over the shooting death of a man on a streetcar as a steroid-using Rambo, Toronto criminal lawyer Peter Brauti tells Sun Media.
The court of pubic opinion has been so harsh, in fact, when it comes to Const. James Forcillo that his lawyer wonders whether there is any chance he can get a fair trial in Toronto, reports the newspaper. Read the full article on AdvocateDaily.com
Free speech wins in Marineland injunction hearing. Although a judge has upheld an order preventing an activist from protesting on Marineland’s property, the court’s refusal to broaden the injunction is a positive result for the right of free speech, says Toronto civil and commercial litigator Kevin D. Toyne. Read the full article on AdvocateDaily.com
A marriage licence is critical to a legal union. Some interesting problems can arise for couples who have participated in religious marriage ceremonies in Ontario and some may find out they’re not legally married after all, Toronto lawyer Michael Cochrane writes in Lawyers Weekly. Read the full article on AdvocateDaily.com
Animal ownership cases 'a different beast'. Before lawyers agree to take on a case involving ownership of an animal, they should be aware that these types of lawsuits present unique challenges, Toronto civil and commercial litigator Kevin D. Toyne writes in Lawyers Weekly.
For example, in the eyes of the law, animals are considered property rather than children writes Toyne, partner with Brauti Thorning LLP, who successfully represented the primate sanctuary in the ownership dispute over Darwin, the IKEA monkey. Read the full article on AdvocateDaily.com
One happy client can open door to more cases. When it comes to getting the most out of the referral process, Toronto personal injury lawyer Mark MacNeill tells Lawyers Weekly a basic approach is most often best.
"Make your client happy, and answer your phone and return phone calls," MacNeill, partner with Brauti Thorning LLP, says in the article. "Even if you’re not able to get the best results for a variety of reasons, if a client knows you’ll be a straight shooter with them, they will refer you.". Read the full article on AdvocateDaily.com
Straw purchasers beware: you could be on the hook forever. A recent Court of Appeal for Ontario ruling confirms that mortgage lenders and insurers face an uphill battle in trying to hold an innocent third party responsible for the frauds of others, says Toronto commercial litigator Trung Nguyen. Read the full article on AdvocateDaily.com
"Puppy raiser" should keep dog unfit for service. As closing arguments wrapped up this week in the ownership fight over a would-be service dog, the charity at the centre of the case has yet to prove it owned the animal, Toronto civil and commercial litigator Kevin D. Toyne says in the Waterloo Region Record. Read the full article on AdvocateDaily.com
Lawyers’ job to identify hidden franchises. Although the act governing franchise law in Ontario was enacted more than a decade ago, confusion remains as to whether certain business relationships are franchises, Toronto business lawyers Scot Patriquin and Mark Tozer write in Lawyers Weekly. Read the full article on AdvocateDaily.com
Meet the lawyer who won the IKEA monkey trial.
Kevin Toyne on trying a case that went viral
In December 2012, a small monkey wearing a puffy shearling coat sauntered into a Toronto IKEA, having just escaped from a car in the parking lot. Once shoppers spotted the well-dressed primate, known as Darwin, they snapped his picture and posted the photographs online. Almost instantly, the images circulated far and wide, triggering a media storm around the world. The commotion ended when Toronto Animal Services apprehended Darwin and transported him to Story Book Farm Primate Sanctuary in Sunderland, about an hour northeast of Toronto. At this point, the light-hearted story turned into a nasty legal battle. Darwin’s owner, Yasmin Nakhuda, sued the sanctuary to regain possession of the animal. This past September, a Superior Court judge ruled in the sanctuary’s favour, explaining that Nakhuda lost ownership of the monkey as soon as Darwin left her car. And in February, Nakhuda, a lawyer herself, decided not to appeal. Read the full article on Precedent Magazine
Prelim begins for officer charged in teen's shooting death.
TORONTO – A preliminary hearing starts Tuesday for a police officer charged with second-degree murder in the shooting death of a teenager on a Toronto streetcar last summer.
The two-week hearing for Const. James Forcillo, 30, will determine if there's enough evidence to go to trial.
Toronto criminal lawyer Peter Brauti, partner with Brauti Thorning LLP, is representing Forcillo. Read the full article on AdvocateDaily.com
Cameras let public 'attend' trials: Niman. The decision to open some Manitoba courts to cameras is a “meaningful boon to access to justice” and the judges in that province should be applauded, says Toronto criminal lawyer Richard Niman.
In an interview with AdvocateDaily.com, he says the notion of allowing cameras into the courtroom is a positive move forward, as long as there are adequate protections in place. Read the full article on AdvocateDaily.com
When workplace issues turn violent. The violence recently seen in a Toronto workplace reminds us that not a year goes by without some horrific workplace violence. Would you believe that in the United States more than 1,000 people die each year as a result of violence in their workplace? When you think of it, that is more than 20 people a week killed at work. Read the full article on AdvocateDaily.com.
To ‘appeal’ or ‘oppose’ a construction decision. You’ve just received an unfavourable decision from a construction lien master and have been instructed to seek a reversal. You’re confident in the errors made, but all of a sudden are stuck on what can only be the simplest of questions. For reference, you flip open your copy of the Construction Lien Act, and of course, its annotated counterpart by D. Glaholt and D. Keeshan. Read the full article on AdvocateDaily.com.
Court system – not Divorce Act – needs overhaul. The court system – not the Divorce Act – needs updating in order to improve access to justice in family law, and create more effective processes overall, says Toronto lawyer Michael Cochrane. Read the full article on AdvocateDaily.com
Details of proposed auto insurance bill unclear. Clarity is needed when it comes to the inner workings of Bill 171, which names the Licence Appeal Tribunal as the new location for the dispute resolution section of the Financial Services Commission of Ontario (FSCO), Toronto personal injury lawyer Mark MacNeill tells Law Times. Read the full article on AdvocateDaily.com.
OCC upholds decision clearing Toronto cop of homicide.
TORONTO – Ontario’s highest court has upheld a decision clearing a Toronto police officer of a homicide charge in the shooting death of a man during a drug and weapon search. Const. David Cavanagh, who was represented by Toronto criminal lawyers Peter Brauti and Lawrence Gridin, had been charged with second-degree murder, but two lower court judges separately ruled the death of Eric Osawe was accidental. Read the full article on AdvocateDaily.com
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