How Old Does a Child Have to Be to Decide Which Parent to Live With?
Parents often ask at what age can a child decide where they are going to live or how often they see the other parent. Contrary to popular belief, however, there is no magic age at which a child can decide this. This is because, until the age of 18, a child is still under the […]
Commercial Lease Considerations for Cannabis Retail Tenants
If you are in the process of opening a cannabis retail store, understanding the law that governs cannabis retail, conducting thorough due diligence on your proposed location, and engaging in effective negotiation and drafting of the terms of your commercial lease can be imperative to the success of your business. Even with an ideal location, […]
A Manner of Speaking: Environmental Law
In today’s episode, Director’s Liability, host Cheryl Gerhardt McLuckie talks to her colleague, Commercial Litigation lawyer Chris McLeod.  They discuss directors liability, piercing the corporate veil, statutory liability, and civil liability under Section 99 of the Environmental Protection Act, Link to Midwest v. Thordarson Link to Huang v. Fraser Hillary’s Limited, affirmed Blog on Personal Liability for Corporate Misconduct
Children and Consent to the COVID-19 Vaccine
When parents consider how to apportion decision-making authority post-separation, medical care is inevitably one of the major areas discussed. It is important to remember, however, that medical decisions are not just made between parents – the child can have decision-making authority as well. Depending on the age and maturity of your child, the utility of […]
Requests for Information Under the Construction Act
There are many different players involved in a construction project, and many different sources of risk. The Construction Act provides tools to allow these players to assess that risk and to protect themselves, but it is up to them to take advantage of such tools. One very useful, and often underutilized example, is the “request […]
Pregnancy and Reasonable Notice
Q: Will a pregnant woman automatically be entitled to greater amounts of reasonable notice if her employment is terminated? A: No, not necessarily. Q: Is the fact that she is pregnant a factor that will be considered by the courts? A: Yes, absolutely. Q: Does it matter if the employer did not know their employee […]
A Manner of Speaking: Environmental Law
Welcome to the first episode of A Manner of Speaking. In today’s episode, What is Environmental Law?, host Cheryl Gerhardt McLuckie talks to Professor Lynda Collins from the University of Ottawa. They discuss a number of concepts that shape environmental law, including toxic torts, ecological rights, liability issues, significant progressions in environmental law, nuisance claims, […]
Excess Soils Management Rules – Phase 2 is Here
On January 1, 2022, the second stage of O. Reg. 406/19: On-Site and Excess Soil Management came into force. The first stage of the regulation, which implemented rules for the reuse of soils and came into force on January 1, 2021, was the subject of an earlier blog found here. The second stage of the […]
A Wrinkle on the Scope of Cross-Examination under Rule 39.03
Where a person is cross-examined on an affidavit to be used on a motion or application, the questions asked must be relevant to the matters at issue on the motion or application, or to matters raised in the affidavit, even if not relevant to the those issues. Questions may also be asked that address the […]