Pitfalls Of An "Entire Agreement" Clause in Toronto Contract LitigationJames Cooper ExclusionClauses.comWhen it comes to drafting a solid, presumably "water tight" entire agreement clause, one size certainly does not fit all. Depending on the relative sophistication of the parties, the scope of negotiations, the type of bargain, and a host of other factors that both lawyer and client should keep in mind, it can be hazardous to chart the choppy waters of contract litigation on the freighter of your entire agreement clause if you first haven't attended to all possible leaks. So let's put on our draftsman's cap and see what the case law says. Breath Tests and the Right To Counsel For Impaired Driving ChargesRaymond Dodd ImpairedDrivingCharges.comAccording to the Criminal Code, a police officer can legally pull over a driver, and, upon reasonable suspicion of impairment, demand that the driver submit to a breath test by administration of an approved screening device. But what if the demand is made 18 minutes after detention in a police cruiser - or even after ten minutes? What if, during that time, the suspected impaired driver is also not informed of a right to counsel? Is the breath test demand still lawful? Sex Discrimination Cases: Examining The Hostile Work EnvironmentRichard A. Cooper SexDiscriminationCases.comSex discrimination complaints arising from a hostile work environment often lead to a contentious battle for credibility between the complainant and the defendant when such matters come before a court or human rights tribunal. In those harassment cases where it is alleged that a person in a position of authority has created a hostile workplace for an employee, and where the contending parties are of different genders, it is not always easy to parse the differences between general psychological bullying and bona fide gender discrimination stemming from sexually harassing conduct. |
The Hazards of Social Media: Can Facebook and Twitter Affect Your Personal Injury Claim?Since you've suffered a catastrophic injury, you've been sending your friends personal updates about your life on Twitter and Facebook. But be careful- it could affect your right to insurance benefits. >>>The Idiot's Guide To Affordable Lawsuits and LitigationThinking of launching or defending a lawsuit? Before you go off looking to retain that incredibly costly attorney, take time out and ask yourself, "Do I have a case?" And then consider subscribing to one of those paid case law databases. The answer might surprise you...and the other side. >>>Managing a Divorce Claim: Don't Try This At HomeFamily law litigation can often be a messy, contentious, and time-consuming minefield to navigate. When opting to manage a divorce claim on your own, you might think that you'll be saving on the legal fees and costs, but will it truly serve your interests, bringing you the desired custody arrangements, support payments, and property division you hope to get out of the process?>>>Divorce Motions: The Cost Consequences of Being StubbornHostility and bitterness can play a powerful role in determining the course of a divorce proceeding. If such feelings factor too heavily in the filing of a legal motion, they might also saddle you with paying your spouse's legal fees. >>> |