Blog

Office closed – Dec.24,2019-Jan.1,2020

Please be advised that Camberwell House will be closed for the Christmas holidays from Tuesday, December 24, 2019 to Wednesday, January 1, 2020. The office will re-open for normal business on Thursday, January 2, 2020. If you need to deliver a package or have an emergency please email me [david at personallaw dot ca] or […]

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Missing Girl… FOUND SAVE AND SOUND!

Lily has been found safe, and is back with her family.

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Standard Charge Terms online!

As of December 2018, all Standard Charge Terms registered after January 1, 2007 are now available for download – for free – from the OnLand portal.  Hat tip to the Middlesex Law Association for spreading the word!

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A lovely donation from the Garlough family

“The widow of one of our former male lawyers donated two sets of her husband’s court attire with the intention that we offer them free of charge to individuals about to be called to the bar who cannot afford to purchase a set themselves. We have two robes and two waistcoats available for donation. “If […]

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“STOP SOP” has won… but will it win?

The “STOP SOP” slate for the Bencher elections (for the Law Society’s governing body) damn near swept the Board. There were 24 lawyers nominated on that slate (12 outside of Toronto, 12 in Toronto): 10 of the 12 Toronto lawyers running on the slate were elected; all 12 of the outside Toronto lawyers running on […]

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Voicemail

If you have tried to reach Camberwell House over the past half-week and received a “full mailbox” message, my apologies. We have had a sea of telemarketer hang-ups which have filled up the message cap.

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ONCA kills tort of harassment

The Ontario Court of Appeal has unanimously rejected harassment as an independent tort, (i.e. a specific wrong which can be sued upon): Merrifield v. Canada (Attorney General), 2019 ONCA 205. T The Supreme Court of Canada has, in the past, said that Human Rights tribunals are the proper places for harassment complaints: Seneca College of […]

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The Court of Appeal wrongly upends a routine practice

“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]

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Employer Limits on Employee Free Speech

“Is the duty of loyalty a limit to freedom of expression?” In their article of that title Félix Germek-Michaud and Simon Gagné of Lavery Lawyers answer “yes”, in examining the case of a bookstore employee who wore a patch in support of Quebec students who were protesting government tuition changes: “The right to freedom of […]

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Arbitration Clauses and Employment Contracts: NO? Maybe.

“A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment (and independent contractor) agreements — and potentially consumer and other agreements. The Court found the arbitration clause at issue was invalid due to statutory non-compliance and unconscionability, in part because it required Uber […]

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