140 Law - Legal Headlines for the Week of March 7, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Shakeup coming for Toronto CAS
• Toronto lawyer, disbarred in California, fighting to keep Ontario law licence
• Trump shifts position on torture, says he won't order military 'to disobey the law'
• Supreme Court puts hold on Louisiana abortion clinic law
• Three More Judges Said to Be Vetted for US Supreme Court
• Women and dress code discrimination: 3 cases that made it to human rights tribunals - CBC.ca
• Ontario judge approves $20.6M settlement in Scotiabank overtime class-action suit
• Knife reportedly found at O.J. Simpson's former Brentwood estate is being tested by LAPD
• This Judge Earnestly Believes That 3-Year-Olds Understand Immigration Law - Because he taught it to
• Mi’kmaq man launches human rights case over ‘offensive’ team logos
• El Chapo’s lawyer says he wants to be extradited to U.S. after all
• Appeals judge Jane Kelly vetted for SCOTUS?
• $25 'skinny' TV packages called a 'ripoff' as industry 'stares down' CRTC
• Oscar Pistorius's murder appeal denied by South Africa's highest court
• Apple iPhone encryption dispute gets support from Google, Facebook
• Justice Clarence Thomas Talks; People Listen: Reporter’s Notebook
• Canada's Premiers agree carbon pricing will be part of national climate change plan
• Facing up to age discrimination - Lawyers Weekly Canada
• Sex, drugs and dying: You've come a long way Canada - The Globe and Mail
• Supreme Court grants Google leads to appeal in case of blocked search results - The Globe and Mail
• BC doctor confirms she helped in Alberta woman's doctor-assisted death - Globalnews.ca
• With the first Ghomeshi verdict looming it's a good time for employers to review harassment policies
• Solitary confinement reform in Canadian jails hindered by secretive system - CBC.ca
• Terminally ill Toronto man seeks physician-assisted death
• 1600 Scotiabank workers settle for $20.6M - Toronto Star
• What it'd cost Apple to help the FBI hack an iPhone
• NY judge's ruling could aid Apple's case against FBI demand for iPhone hack
• Muntean v. Enablence: Wrongful Dismissal Damages Without a Termination?
• Ten Tips for New Trial Lawyers
• Should You Bother With Social Media Marketing?
• GTA real estate sales hit record high in February
• Tribunal upholds appeal against Prince Edward County wind-turbine project
• 'We clearly bear some responsibility,' Google says after self-driving car hits bus
• Maria Shepherd's 1992 manslaughter conviction quashed - CBC.ca
• Ottawa's biggest palliative care hospital says it won't offer assisted dying - Ottawa Citizen
• N.Y. Judge rules Apple can't be forced to give iPhone data in drug case
• Clarence Thomas Breaks 10 Years of Silence at US Supreme Court
• Subway to ensure its ‘Footlong’ sandwiches measure up to at least 12-inches after lawsuit

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Business Law

Here is your daily LawFact from Wise Law for  Friday March 4, 2016. Today we are talking about Business Law.

A video posted by @wiselaw on Mar 4, 2016 at 6:19am PST

By incorporating you company, you will reduce the possibility that the principals of your company can be held personally liable for debts of company.

Even in a incorporated company, however, directors may still be personally liable for unpaid taxes and, in some cases, unpaid wages.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Family Law

Here is your daily LawFact from Wise Law for Thursday March 3, 2016. Today we are talking about Family Law.

A video posted by @wiselaw on Mar 3, 2016 at 6:35am PST

There is no presumption of joint custody of children upon separation under Ontario law, although this is the case in many American states.

In Ontario, custody cases are determined based on what is in the children's best interests.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Civil Litigation

Here is your daily LawFact from Wise Law for Wednesday March 2, 2016. Today we are talking about Civil Litigation.

A video posted by @wiselaw on Mar 2, 2016 at 6:03am PST

In many Ontario civil cases, a full trial is no longer required for a court to rule.

Courts man now decide lawsuits on summary judgment motions that streamline and shorten the process.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day : Wills and Estates

Here is your daily LawFacts from Wise Law for Tuesday March 1, 2016. Today we are talking about Wills and Estates.

Here is your daily LawFact from Wise Law. Today we are talking about Wills and Estates. #torontolawyers #wiselaw #law #willsandestates

A video posted by @wiselaw on Mar 1, 2016 at 1:52pm PST

An Ontario court recently struck down a charitable bequest in a Will that was limited to white, heterosexual students.

A bequest in a Will that is contrary to public policy will not be permitted under Ontario law.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Employment Law

Here is your daily LawFact from Wise Law for Monday February 29, 2016. Today we are talking about Employment Law.

Here is your daily LawFact from Wise Law. Today we're talking about Employment Law #torontolawyers #employmentlaw #wiselaw #toronto

A video posted by @wiselaw on Feb 29, 2016 at 12:43pm PST

If you have been terminated, seek legal advice to determine your severance entitlements before filing an Employment Standards complaint.

Once an Employment Standards complaint is filed, you may be barred from bringing a civil, wrongful dismissal claim.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

140 Law - Legal Headlines for the Week of February 29, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Sheriff: No foul play in Scalia's death
• Key Canadian panel endorses medical assistance to die
• LSUC Human Rights Monitoring Group Update – February 26, 2016
• Former Oshawa councillor gets more than 8 years for kidnapping city lawyer - Toronto Star
• Doctors who do not want to assist patients in dying may leave practice: CMA
• Ontario court expands scope of #privacy tort to include ‘revenge porn’
• Woman implicated by Charles Smith’s flawed evidence hopes for ‘closure and peace’
• Mike Duffy trial: Defence says case against senator was 'manufactured' - CBC.ca
• Rise of #Uber forcing Canadian insurance companies to adapt
• US duty-free limit for web purchases 40 times higher than Canada's - CBC.ca
• Legions of ex-Nortel workers wait years for bankruptcy payouts
• Why Courts Shouldn’t Ignore the Facts About Abortion Rights
• Apple to DOJ: We're Not Your Hackers
• Ontario judge overturns doctor's will that gave scholarships to white, heterosexual students only
• Mike Duffy's lawyer set to present closing arguments - Toronto Star
• Marco Muzzo offers tearful apology to grieving couple at sentencing hearing - Toronto Star
• Junior Associate’s Guide to Business Development
• Federal Court of Canada rules medical marijuana patients can grown own pot
• Apple Is Said to Be Trying to Make It Harder to Hack iPhones
• 25 Plead Not Guilty in Standoff at the Oregon Wildlife Refuge
• Google headed to SCC over global injunction
• Mitch Kowalski: Entity regulation comes to Canada

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Wills and Estates

Here is your daily LawFact from Wise Law for Friday February 26, 2016. Today we are talking about Wills and Estates.

Here is your daily LawFact from Wise Law. Today we're talking about Wills and Estates. #willsandestates #torontolawyers #wiselaw #toronto

A video posted by @wiselaw on Feb 26, 2016 at 12:08pm PST

What happens to my property if I die without a Will?

 Under Ontario's Succession Law Reform Act, if you die without a Will, your Estate will be divided among your spouce, children, grandchildren, parents, siblings, and other family members.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

LawFact of the Day: Personal Injury

Here is your daily LawFact from Wise Law. Today we are talking about Personal Injury.

A video posted by @wiselaw on Feb 25, 2016 at 2:20pm PST

You may bring an action for damages against a municipality if you slip and fall on a city sidewalk, but only if the city was grossly negligent.

If you have been injured on a municipal property, you or your lawyer must provide a written notice to the municipality within ten (10) days, to preserve your legal rights.

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of February 22, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Ottawa drops appeal of Omar Khadr’s bail
• 19 year old Brit created free lawyer-bot that is successfully appealing parking tickets
• Toronto lawyer challenges Jamaica's anti-homosexuality law
• How Scalia's attacks boosted Canada's impact - The Sudbury Star
• What Apple's battle with the FBI could mean for privacy in Canada
• Justice Department Calls Apple’s Refusal to Unlock iPhone a ‘Marketing Strategy'
• Ralph Goodale: Latest RCMP harassment allegations an 'embarrassment'
• B.C. Revenge website sets off torrent of anger, legal concerns
• Justice Antonin Scalia’s Funeral Lets Washington Pause in Praise
• Rabbinical arbitration award upheld in Ontario's top court
• Scalia Autopsy Decision Divides Pathologists
• Cliven Bundy case: Nevada rancher denied bail
• Missouri Child Custody Bill Promotes Equal Sharing
• Bill Cosby Sued Accuser’s Lawyers on Eve of His Criminal Hearing
• Bill Cosby sues sex assault accuser for breach of contract
• Sandra Day O'Connor: Obama should name Scalia's replacement
• Apple vs. the Feds
• Supreme Court to rule on Google appeal over order to remove company’s website from search results
• Virginia Republicans pass “nondiscrimination” bill that specifically protects anti-LGBT discrimination

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of February 15, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Retired Canadian jurists respectfully dissent from #Scalia’s approach, style
• There is no tradition of leaving a Supreme Court seat vacant because of an impending presidential election
• Obama says he will move forward with nominating deceased justice's replacement
• Family law review by Ontario Justice Annemarie E. Bonkalo launched
• Lawyers who challenged Harper's choice of Marc Nadon for Supreme Court denied costs - CBC.ca
• Disgraced former refugee judge loses law licence
• Battle Begins Over Naming Next #SCOTUS Justice
• Justice Antonin #Scalia, Who Led a Conservative Renaissance on the US Supreme Court, Is Dead at 79
• Employee should have been honest about pregnancy: BC human rights tribunal
• Head of #Motherisk probe had ties to Sick Kids - Toronto Star
• Jian #Ghomeshi lawyer Marie Henein doesn't relish spotlight - Toronto Star
• GoodLife Fitness instructors campaign for union muscle
• Patients exposed needlessly to toxic drugs and radiation, hearing told
• Ontario Retirement Pension Plan: It’s Coming!
• Jian Ghomeshi's trial highlights need for deep legal reform: lawyer - CTV News
• CBA to urge New Brunswick to reconsider court closures
• U.S. Justice Dept. sues Ferguson over police reforms
• Netflix crackdown is for real — and those getting hit are fighting back
• Jian Ghomeshi trial to hear closing arguments Thursday
• Harder for retired judges to return to court - Law Times
• 48% interest ‘shockingly high’ but not criminal: Alberta judge
• High school principal accused of changing grades, including daughter’s
• Spray-on law: Even graffiti artists have a claim on copyright

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of February 8, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Ghomeshi emails reveal growing importance of 'digital debris' to trials, experts say
• Chicago Officer, Citing Emotional Trauma, Sues Estate of Teenager He Fatally Shot
• Exonerations in U.S. have doubled in just 4 years, according to report
• Canada's prisons watchdog sounds alarm on demographic shift behind bars
• How high is too high to drive?
• Don't expect Jian Ghomeshi to testify, ex-Crown attorney says
• Email from Oshawa councillor’s private account ordered released
• What accusers forget, Jian Ghomeshi remembers: Menon
• Only Ontario, Quebec have interim guidelines ready for those seeking assisted death
• DNA order in animal abuse case sparks privacy debate
• N.Y. curbs gay 'conversion therapy'
• Late mortgage payment charges contrary to Interest Act, Ontario court rules
• What to do about police who lie - Toronto Star
• Vegans argue for protection as a 'creed' under Ontario human rights law
• Toronto lawyer outlines alleged security risks of Syrian refugees to US lawmakers - CBC.ca
• Assange calls UN rights panel ruling 'vindication'
• Britain slams ‘ridiculous’ ruling on Assange
• After the chokehold, defence sees a crush: DiManno
• Judge OKs criminal case against Bill Cosby, rejects immunity argument
• Big Changes in Illinois Divorce Law
• Part II: Supreme Court of Canada 2015 Year in Review
• Chemerinsky: ‘Potential blockbuster’ rulings by US Supreme Court expected in June
• California methane leak leads to criminal charges
• Ghomeshi's lawyer skillfully handles first witness's 'bait': DiManno - Toronto Star 
• Former Ontario Judge George Adams receives honorary degree and other legal moves and grooves for Feb. 1
• Convicting Jian Ghomeshi will be hard — for good reason - Toronto Star 
• Bill Cosby due in court as lawyers push to get charge dropped - Rachel Spence, Law Clerk
• Ontario Human Rights Commission joins Toronto carding case
• Edmonton shoe store's 'no-veil' policy unlikely to withstand human rights challenge, lawyer says
• Hundreds of adoption cases on hold as Motherisk probe continues

-Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

140Law - Legal Headlines for the Week of February 1, 2016

Here are the leading legal headlines from Wise Law on Twitter:

• Yet Another Privacy Tort Comes to Ontario
• "There is a cancer on Canadian journalism.The malignancy is Postmedia Network Canada Corp."
• Canadians who can't wait for doctor-assisted dying law look to courts
• Edmonton legalizes Uber, paving way for Toronto
• Parents convicted of assault for 'spanking' teen daughter over nude Snapchat photo
• Ontario watchdog urged to investigate WSIB
• Rob Ford broke rules with fundraiser ad, integrity commissioner says
• Part I: Supreme Court of Canada 2015 Year in Review
• David Bowie’s Will Splits Estate Said to Be Worth $100 Million
• Forcillo's 5-year mandatory minimum could go to Supreme Court - Toronto Star
• Four Toronto police officers charged with obstructing justice, perjury - Toronto Star
• Jian Ghomeshi Trial: Meet The Key Players - Huffington Post Canada
• New Ontario Privacy Tort of Public Disclosure of Private Facts
• Dealing with a self-represented litigant who really needs legal advice
• “You’ve been hacked” blackmail message received by Ontario law firm
• New York AG says ticket sales for concerts, sporting events is a ‘fixed game’ won by ‘ticket bots’
• Houston prosecutor has angered anti-abortion groups before
• When Must an Employee Mitigate With the Same Employer?
• McGuinty's former staffers begin court fight in gas-plant case - CBC.ca
• Assisted dying legislation should be coupled with improved palliative care, panel hears
• Court awards terminated 'dependent' contractors $125000 in lieu of notice
• New search engine taps into private webcams, raising security fears
• Judges affirm that Canada Revenue Agency has ‘duty of care’ to taxpayers
• Awards must be high to deter terrorism, lawyer arguing for 'extraordinary' damages against Iran says
• Ottawa discriminated against kids on reserves, human rights panel says
• Judge orders temporary stop to 'nipple law' in Missouri city
• Iran in Ontario court to fight law that allows terror victims to sue for damages
• Grand jury clears Planned Parenthood of wrongdoing, indicts sting videographers
• Obama bans solitary confinement for juveniles in federal prisons 
• States must consider parole for juveniles serving mandatory life sentences, Supreme Court rules
• Sunrise Propane fined $5.3M for deadly blast 
• James Forcillo guilty of attempted murder in streetcar shooting of Sammy Yatim
• Peter MacKay says current focus is on new gig as lawyer with Baker and McKenzie, not politics

- Rachel Spence, Law Clerk

Visit our Toronto Law Office website: www.wiselaw.net

When The Press Comes A'Calling

In the course of your work as a legal professional, you may receive the occasional call from the media, seeking your comments or insights on a recent legal development or issue.

Handling these enquiries with expertise and grace will always be beneficial to you and your practice.

Here are a few tips on working with the media in this context:

1. Generally speaking, media enquiries will initially come by email, with the journalist specifying the topic to be covered and asking for your availability to participate in a telephone interview.
2. If you wish to participate, don’t delay. Journalists work on very tight deadlines, so an immediate response will always be appreciated. It will also increase the odds that you will be included in the article to be written.
3. Do some research before your phone interview. Read up on the topics to be discussed, and ensure that you have the relevant statutes and caselaw at your fingertips during the interview.  The more detail and precision you can provide, the more value you will be adding to the article being written.
4. Be helpful. Most journalists appreciate it if you provide them with links to source materials by email. Remember, you have been contacted because of your expertise. If you can provide helpful background materials to the journalist, this will make  the writer’s job easier, and also make it more likely that you will be called again, next time.
5. Speak slowly and clearly during your interview, to give the writer opportunity to accurately record your comments.  Pause occasionally, to allow the journalist time to catch up.  Ask if you are going too fast, and listen to any cues your interviewer is providing about the pace and content of your comments.
6. Be yourself.  Be engaging and communicate your enthusiasm about your topic.
7. If you are logistically unable to participate in a telephone interview, but still want to contribute, consider sending a comment by email.  You never know – your short blurb could be exactly what the journalist needs.
8. Always be mindful in your dealings with the press of your duty to maintain client confidentiality.  Don’t comment on cases in which you are professionally engaged without your clients’ express permission.
9. Also be mindful of  your various ethical duties when dealing with the press, with special focus on the legal professional’s overarching duty to foster public confidence in the administration of justice.
10. When your telephone interview is finished, always ask the journalist to send you a link to the article being written, once it’s published online.
11. Ask that the online version of the article, where possible, include a link to your website.
12. If you note an error in the article, once published, don’t hesitate be in contact with the writer to request a correction. This can usually be  done expeditiously, particularly with online publications.
13. Consider sending a thank you note or follow up email to the journalist involved with feedback about the completed article, and kudos for a job well done.
14. Once published, leverage the article in your marketing efforts. Post it to your blog. Tweet and retweet it, and share liberally on social media.

(Cross-Posted at SlawTips)

- Garry J. Wise, Toronto

Visit our Toronto Law Office website: www.wiselaw.net