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Letters to the Editor

STRICT CONTRACT LAW RULES NOT APPLICABLE TO EMPLOYMENT MATTERS
As a practitioner who limits his practice exclusively to issues relating to employment law, I have often been frustrated by the approach the courts have taken when deciding liability and awarding damages in cases dealing with just cause and constructive dismissal.
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As often happens when we only get one side of the story, the remedies suggested in your article about Superior Court Justice Ted Matlow’s rant against residential tenants abusing the right to appeal Landlord and Tenant Board decisions would do more harm than good.
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John De Vellis obviously knows what he’s writing about (see “Wind power issues more about politics than health,” Law Times, Oct. 1) as he has done a good job of representing renewable-energy developers on matters flowing from the feed-in tariff scam.
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In the April 23 article, “Family law case to feature testimony via Skype,” it is observed that it wasn’t the first time the province’s courts have allowed evidence-in-chief and cross-examinations by Skype.
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Canadians enjoy their reputation for civility. One element of any proper notion of civility is the degree to which it embraces difference.
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Recently, The Globe and Mail featured articles and an editorial complaining about the fact that a disproportionate number of federal judicial appointments were white and that minority groups in Canada were not fairly represented.
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I applaud the efforts of the lawyers in the Department of Justice to formally raise the issue of changing the name of the Law Society of Upper Canada to reflect a modern one (see “Should LSUC change its name?” on April 23).
Comments (1)
In response to concerns raised in the March 19 edition of Law Times (see “Lawyers skeptical of LAO’s ‘phenomenal’ changes”), when a client receives a Legal Aid Ontario certificate, he or she can take it to one of more than 4,000 private practice lawyers in Ontario who participate in the certificate program.
Comments (1)
Philip Epstein sees nothing wrong if the same person who conducted the failed mediation conducts an arbitration on the same matter (see “Lawyer touts benefits, responds to critics of med-arb,” March 12).
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Gary Joseph has set out his personal views as to why he eschews mediation-arbitration and why he is uncomfortable with the process (see “Lawyer disturbed by med-arb,” Jan. 16). I think his letter deserves a response from a mediator-arbitrator.
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Further to the editorial, “Crunching the numbers at LAO” on Feb. 13, it is important to emphasize that Legal Aid Ontario’s transformation has been ongoing since 2008.
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CLARIFYING SURROGACY RULES
Regarding your Jan. 2, 2012, article, “Loopholes in law spark rise in illegal surrogacy deals,” we would like to clarify that the Assisted Human Reproduction Act applies in respect of the reimbursement of sperm and egg donors as well as surrogate mothers for their expenses.
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An estate trustee who took an ‘egregious' position in litigation has been ordered to personally pay more than $140,000 in costs. Will this ruling serve as an appropriate caution to executors on how they conduct themselves in litigation?
Yes, this will remind trustees of the potential exposure of significant awards being made against them personally.
No, it’s unlikely this ruling will dissuade executors from engaging in unreasonable conduct during litigation.