Common sense would tell us that a person is responsible for his or her own actions. As a matter of legal liability, however, matters are rarely quite so straightforward. What if a person is at work when their actions cause harm? What if the wrongdoer does not have the ability to pay for the consequences of their actions? This is where vicarious liability comes into play. In the context we are considering here, the common law doctrine of vicarious liabi
We’re honoured to have been voted the #1 Hamilton Personal Injury Law Firm in this year's Hamilton Spectator Readers' Choice awards! We also garnered Gold in the Top Hamilton Real Estate Law Firm category, and our Ned Nolan was rated Platinum in the Top Hamilton Employment Lawyer category. It’s always nice to win recognition like this, but it’s important to take a moment to remember what it really means. Does this mean that we’re actually th...
The phrase, "you can pay me now or pay me later" was a clever advertising slogan for an automotive oil filter back in the 80’s. The message was that you can pay a small amount for a good oil filter now, or, if you don’t, you’ll pay much more later when your car breaks down. The same principle applies to paying legal fees: paying a small amount to get good legal advice up-front can save a lot of headaches and wasted money down the road. This was s...
For most people, estate planning consists of two things: making a Will, and making Powers of Attorney for both Property and Personal Care. Preparing to make a Will When it comes to your Will, the first thing you need to think about is picking an Estate Trustee. In addition to your primary trustee, it's a good idea to also name an alternate (or backup) in case for any reason your first choice for an Estate Trustee isn't able to act when the time come
Why Make a Will? Preparing a will is one of the most important tasks you will do in your lifetime. A will is essential in order to simplify matters following your death and allows you to plan a sensible, cost effective and satisfying transfer of wealth. It provides you with the opportunity to prepare for the future in a manner that protects you and your loved ones. A carefully planned will is also imperative if you are responsible for the care and su
When you lose your job and are pursuing a claim for wrongful dismissal, you will hear reference to your duty to mitigate. It often comes as a complete surprise to employees that their former employer is entitled to know about – and entitled to a credit for – an employee’s post-dismissal employment income. But this is a very important concept for dismissed employees to understand. Mitigating your damages (or failing to do so) can easily be the differenc
Of all the ways in which an employment relationship can terminate, there is likely none more detrimental to an employee than the dreaded dismissal for cause or for "just cause." A dismissal for cause occurs when an employer claims that they have no obligation to provide an employee with reasonable notice of their dismissal (or pay in lieu of reasonable notice) because the employee has engaged in some form of wrongful conduct causing an irreparable breac
Our office location is open and operating with enhanced safety measures at this time. COVID‑19 PROCEDURES & PRECAUTIONS 🛑 Visiting the office - by appointment only Most meetings are being conducted remotely at this time. If you need to visit the office, please phone us first to make an appointment and to confirm our procedures. 🤒 Feeling sick? Please do not visit the office if you are feeling even slightly unwell or have
By Dermot Nolan There is nothing virtual about real justice. But virtual justice may be the new reality. And we should be worried. The digital trap had already been set before COVID-19 tripped it. Suddenly, everything is remote. Personal contact is out; distancing is in. We have the technology. Who needs real people? We’ve got screens. Convenient, to be sure. But dangerous. A recent internal report by two members of the powerful and little-know
With many law firms operating remotely these days, one issue that keeps coming up for lawyers is: how do we get documents signed? Jump to step-by-step instructions → The simplest option, of course, is to mail a paper copy of the document to the signor and have them sign it and mail it back. While it works, this method is very slow and inconvenient. Another option is to email the document to the signor to have them print it, sign it, scan it and then