Articles by our Lawyers

by Shaya Silber, Toronto Internet and Copyright Lawyer The role of Internet Service Providers (ISPs) in facilitating copyright infringement has been a controversial topic since the beginnings of the world wide web.  The Canadian government is expected to amend the Copyright Act to address this issue. C-32 (the proposed amendments to the Copyright Act) contains provisions that are [...]

Toronto Internet Lawyer, Gil Zvulony was quoted extensively in the media regarding the case of hockey player Mike Zigomanis and the posting of nude photos claiming to be him on a US website by an anonymous poster. Some of the articles can be found here: Slam Sports NBC Sports Toronto Sun Global News A television interview on [...]

Toronto Internet Lawyer, Gil Zvulony recently appeared in several media sources to discuss the sharing of RIDE locations on Facebook or Twitter.  RIDE involves police spot checks where vehicles are stopped and drivers are checked for impairment.  Gil discussed how the law, as it currently stands, does not prohibit such activity. Gil Zvulony was a guest on the Mike [...]

by Toronto Internet Lawyer, Shaya Silber Dec, 20, 2011. Changes to Canadian spam law are expected in the near future. The changes are expected to come into force in early 2012. The new law, otherwise known as Bill C-28, is aimed at preventing the sending of unsolicited messages.  Bill C-28 is a significant revamp of [...]

Because the statement was made in an online forum, it was not considered derogatory since there was the opportunity, and even expectation to challenge or provide context to the statement.

People’s biggest hesitation with buying something online is a perceived lack of legality in the transaction. What most people don’t realize, is that there is legislation that address these concerns and makes online contracts legal enforceable.

Toronto Internet lawyer, Shaya Silber’s opinion was recently featured in a Toronto Star article about a new Facebook feature. The article “Facebook launches ‘chat’ service to prevent suicides” appeared in the Toronto Star on December 14, 2011.

by Shaya Silber, Toronto Internet Lawyer Businesses are always trying to find new ways to promote themselves and generate more revenue. One such way is running promotions such as raffles. However, before conducting a raffle, there are certain legal implications that should be taken into consideration. Criminal Code The Criminal Code of Canada contains provisions [...]

Browse Wrap Agreements: No Click Needed by Shaya Silber A recent decision from British Columbia’s Supreme Court has examined the issue of contract formation and enforceability of a website’s terms of use.  According to the decision, simply browsing a website constitutes acceptance of that website’s terms of use. The case was between Zoocasa, a real [...]

By Shaya Silber, Toronto Copyright Lawyer Copyright law does not protect ideas (patent law does protect ideas, but that’s another area of intellectual property law and has its own requirements). Copyright law protects the expression of ideas. The expression of the idea must be in a fixed form (i.e. it must have some permanency). For [...]

Toronto internet lawyer, Shaya Silber discusses some of the challenges that Daily Deal sites face.

by Shaya Silber, Toronto Lawyer New products are created every day. Some products have distinct design features that may have legal protection from others copying the design.  This type of intellectual property  is called “industrial design”. Industrial design is covered by a unique set of intellectual property rules. According to the Industrial Design Act, industrial [...]

Toronto internet lawyer Gil Zvulony recently discussed some of the legal requirements for businesses to make their websites accessible to the disabled. The article can be found on itbusiness.ca

Toronto Internet Lawyer Gil Zvulony recently discussed the legalities of the Cheaterville.com website and how the libel laws of Canada and the United States apply with Metro News.  Gil Zvulony was quoted as saying: My concern is that a lot of innocent people’s lives are going to be hurt by this website, and a lot [...]

Toronto Employment Lawyer Karen Zvulony is recognized as an authority in Employment Law.

Toronto Copyright Lawyers examine Facebook’s legal contracts with their users and its implications on Facebook’s use of user content.

Toronto Employment lawyer discusses how a “head-hunted” employee who is later fired can claim damages for inducement to leave previous employment.

by Gil Zvulony, Toronto Copyright Lawyer The U.S. Immigration and Customs Enforcement bureau has embarked on a slick public relations campaign to discourage piracy of movies on the internet. (See video below). I doubt this will change people’s behaviour, but it is an interesting attempt. The counter argument is that, in some cases, piracy may [...]

The use of cloud computing is growing. This article looks at the legal and privacy implications of cloud computing for businesses.

Toronto IT Lawyer Gil Zvulony legal opinion was recently quoted in two articles on the legal implication of using a financial aggregator site like, Mint.com.  You may read the articles here: http://www.moneysense.ca/2011/04/26/the-banks-take-a-bite-out-of-mint-com/ http://www.moneysense.ca/2011/04/19/hidden-danger-at-mint-com/

Appointing an Attorney for Personal Care In Ontario, a Living Will is often called a Power of Attorney for Personal Care and is largely governed by the Substitute Decisions Act. A Living Will gives instructions to a person appointed (the appointed person is called the Attorney for Personal Care) by the person making the Living Will (called the [...]

Toronto Copyright Lawyer discusses the Fair Dealing exceptions in Canadian Copyright Law and how they differ from Fair Use in US Copyright Law.

Toronto Copyright lawyer discusses the Research and Private Study Defence.

Toronto Debt Collection Lawyer discusses how to collect debts by being persistent.

Most websites nowadays have Terms of Use agreements that bind visitors when they visit a site. Terms of Use are important both for a site’s visitor as well as its operator. It’s important for the visitor because the Terms let them know what they can and cannot do, and what they can expect. It essentially outlines the relationship of the parties. The Terms are important for the site’s operator, because just as any physical person or business can incur liability, a website can, too.

Our Toronto Criminal Lawyer Can help you with the following: Highway Traffic Offences Careless Driving Dangerous Driving Reckless Driving Racing Failing to Remain No Insurance Driving While License Under Suspension Hunting & Fishing Offences Offences under the Fish and Wildlife Conservation Act Criminal Offences Against Public Order Treason Sedition Unlawful Assemblies and Riots Dangerous Substances Piracy [...]

If you would like free legal advice about an injury, then feel free to to contact us and a qualified Ontario personal injury lawyer will advise you.

If you have an employment law issue or question, feel free to contact Toronto Employment Lawyer Karen Zvulony for a consultation. If you have been asked to sign a release or have been offered a severance package and would like legal advice regarding your rights then please fill out the Severance Package Review form

Gil Zvulony’s opinion was recently featured in a Toronto Star article about Lottery disputes called: “How to avoid sharks in office lottery pool” The gist of Gil’s advice – “Get it in Writing”

Gil Zvulony’s opinion was recently sought by Law Times regarding a British Columbia defamation and privacy case.

Bill C-32, also known as the Copyright Modernization Act, are proposed amendments to the Canada’s Copyright Act. Many consider these changes long overdue. The last time that the Copyright Act was amended was in 1997. Since that time, we have seen the advent of technological powerhouses such as Facebook, Twitter, Skype, YouTube and Google among countless others. Just as these entities have reshaped the way we interact with technology and share information, regulatory guidelines that address these shifts are also essential. Bill C-32 attempts to address these technological trends and the new challenges that they present.

A Judge of the Ontario Superior Court of Justice recently ordered a former executive living in Ontario, to pay more than $200 million US dollars to aggrieved investors. The judgment is believed to be the highest ever awarded by a Canadian court. “To my knowledge, a judicial award of this magnitude is unprecedented in Canada”, said commercial litigator Gil Zvulony, the Toronto lawyer representing the investors. “The interest alone is almost $30,000 per day”.

Toronto Defamation Lawyer Gil Zvulony successfully defended a defamation case by convincing a judge of the Ontario Superior Court of Justice to throw out the case for being fundamentally defective. The plaintiffs had sought over 2 million dollars in damages for libel and slander, interference with economic relations and conspiracy to injure. Mr. Zvulony successfully attacked the Statement of Claim on technical reasons.

Toronto Defamation Lawyer, Gil Zvulony recently appeared on CTV News to discuss the growing problem of online defamation.

Some helpful tips when appealing your CPP disability benefits denial.

Toronto Employment Lawyer discusses the definition of wrongful dismissal and the law of firing/terminating employees in Ontario, Canada.

The Ontario Provincial Offences Act governs how charges are processed and prosecuted in the Ontario courts. The Provincial Offences Act applies to all Ontario statutes (and regulations), municipal by-laws, and some federal contraventions.

The amount of notice an employee is entitled to is dependant on a number of factors. The Ontario Employment Standards Act provides minimum notice periods. Notice periods under the common law are usually longer.

Toronto Employment lawyer Karen Zvulony discusses the legal meaning of ‘just cause’ for terminating without providing reasonable notice or payment instead of the notice.

The concept of copyright protection is based on the notion that people who create creative works deserve protection for their expression, and need an incentive to keep creating. The theory is that creators create in order to get financial payback for creating, and also to be identified with the work in question. Authors typically want to control the use of their work and place conditions on the use of the work.

As a general rule, employees who quit their employment are not entitled to compensation from their employer. However the exception to this general rule is where an employee quits because their employer unilaterally and fundamentally changed the conditions of employment. The law classifies such situations as a ‘constructive dismissal’. In other words, the employer did not directly dismiss the employee but the employer changed the job so completely that the employment contract was effectively at an end.

Toronto Wills Lawyer discusses the definition of ‘estate trustee’ according to Ontario law, including duties of an estate trustee and their payment.

Toronto Intellectual Property Lawyers explain various IP laws and rights in Canada using Coca-Cola as an example.

Toronto Wills Lawyer discusses what happens to your property and the tax implications if you die without a Last Will and Testament.

Who Pays the Lawyers in a Wills Court Fight

A Last Will and Testament must be executed properly. “Execution” refers to the process of signing a Last Will and Testament. Part 1 of the Succession Law Reform Act R.S.O. 1990, c.S.26 sets out the specific, strict requirements that have to be followed in order for a Last Will and Testament to be valid when it comes to execution. These requirements are often referred to as “due execution”.

One of the most common legal grounds for challenging the validity of a last will and testament is by alleging that the person who made the last will and testament did not have the mental ability or mental capacity to legally make the last will.

A common ground for contesting a last will and testament arises where a family member of the deceased feels that the deceased was coerced or manipulated into signing a last will and testament that they did not agree with or did not understand. This ground for a will challenge is known as “undue influence”. The issue of undue influence is closely related to the issue of mental capacity, as it will often be necessary that the testator’s mental capacity was diminished at the time the last will and testament was signed, thereby making him or her susceptible to the influence of others. The person challenging the last will and testament must be able to demonstrate that there were suspicious circumstances surrounding the preparation of the last will and testament, and that undue influence actually occurred.

Toronto Wills and Estates lawyer examines the law of family gifts when someone passes away with or without a last will and testament.

The Madsen case once again highlights the importance of having a last will and testament drafted by a competent wills and estates lawyer. In preparation of your last will and testament, our Toronto wills lawyer can insert clauses in your last will and testament confirming your intention with respect to accounts held jointly with your children so that costly litigation and bitter family animosity to prove your children’s entitlement will be avoided.

Sexual assault is defined as any form of sexual contact without both parties’ voluntary consent. Contrary to what most people think, sexual assault is not limited to non-consensual intercourse, it can also include non-consensual fondling, touching, or kissing.

Slip and Fall is the commonly used term by personal injury lawyers for when an individual is made to fall to the ground. Although a Slip and Fall might occur due to a trip or for any other reason rather than a slip, it is still referred to as a Slip and Fall.

A termination clause is a statutory compliant clause in a written employment agreement that clearly specifies the amount of notice, or compensation in lieu of notice, an employer will provide an employee upon termination of the employment.

Toronto Internet Lawyer discusses how the law may require websites to be accessible to the disabled.

Publicity rights are rights that protect the commercial value of a person’s celebrity status. Publicity rights are sometimes referred to as personality rights, and the two terms are often used interchangeably.

Toronto internet lawyer Gil Zvulony examines the various rights in a photograph, including, copyrights, moral rights, publicity rights and privacy rights.

Toronto criminal defence DUI lawyer examines the law of impaired driving in Canada.

Toronto CPP Disability Benefits lawyer examines the meaning of ‘Total Disability’ as a requirement for collecting Canada Pension Plan Disability Benefits.

Toronto CPP Disability Benefits lawyer discusses the Reopening a CPP hearing where coverage was denied, because of new facts.

Most people who listen to urban styles of music, like rap, hip hop and dance, know that the beats they hear on a recording have been taken from somewhere else. The increasing affordability of recording technology in today’s commonplace home studio makes the use of other people’s music more and more widespread. Music sampling is roughly defined as lifting a piece of recorded music (a “sample”) from an existing recording and using it in a new recording. Often, a few bars containing a drum beat will be repeated in “looped” sequence to form the backbeat of the new recording. At other times, the sample may be of vocals, other instruments, or even a nanosecond of background noise. The sample may then be manipulated in different ways and combined with other sounds and sound effects to make a new creation. What is common to all of these incidents is the use of someone else’s recording to produce a new one.

Toronto Copyright Lawyer discusses who own copyright of works created at the workplace during the course of employment.

Copyright is a legal right granted by the Canadian Copyright Act which gives the copyright owner the exclusive right to do certain things with a copyright protected work, such as making copies of the work, or giving permission to others to make copies. The rights granted to a copyright holder by Section 3 of the Copyright Act are as follows:

Moral Rights (Sometimes called Author’s Rights) are rights granted exclusively to authors of works under the Copyright Act ( R.S., 1985, c. C-42 ). Moral Rights are distinguished from the copyrights that belong to copyright owners (who may or may not be the author of the work). Section 14.1 of the Copyright Act defines moral rights as follows:

Copyright in Canada is protected by the Copyright Act ( R.S., 1985, c. C-42 ). Section 3 of the Copyright Act grants the owner of the copyright the sole right to reproduce copyrighted works. A copyright owner can give permission to reproduce the work. Such permission is, in legal jargon, called a “copyright licence”.

Toronto CPP disability benefits lawyer discusses asking the Government of Canada for a Reconsideration of a rejected CPP Disability Benefits Application.

If your CPP Disability Benefits claim has been turned down then you may appeal the decision. The first step of the appeal process after your CPP Disability Benefits application has been refused is the Reconsideration Process. This must take place in writing to the Human Resources and Social Development Canada (HRSDC) within 90 days of receiving your denial letter from HRSDC. A lawyer can help you with this. If you are not satisfied with the results of the Reconsideration Process then the next step is an appeal to the Office of the Commissioner of Review Tribunals. If you are not satisfied with the results of the Appeal to the Office of the Commissioner of Review Tribunals then you may appeal the decision to the Pension Appeals Board.

Upon receiving your HRSDC letter of denial for Reconsideration you have 90 days of receiving that letter to appeal to the Office of the Commissioner of Review Tribunal (OCRT). The OCRT will arrange a time and date and notify you of a hearing date. They will forward your appeal record to you and assist you with any questions you may have.

The web log, or “blog,” an online diary where a person publishes his or her thoughts and opinions, is one of the most popular forms of expression on the internet. It has been estimated that one in seven people has a blog nowadays, and while many of those people are college students or bored celebrities, some bloggers have jobs. And for some of them, it is starting to seem like blogging might put them in danger of losing those jobs.

Below are links to various internet resources that I use on a regular basis. I find them indispensable to my internet law practice and thought I would share my favourites with the public. Of course, the links are provided for convenience only and I or the law firm do not guarantee the accuracy, timeliness or fitness for a particular purpose of the links and the information contained on any third party websites. If you have any suggestions for this page then feel free to contact me.

Toronto Insurance dispute lawyer examines the availability of punitive damages where an insurance company has denied your claim in bad faith.

This discussion will not focus on royalties received from intellectual property, presumably these can be seized by garnishment. The discussion will focus on the seizure of the intellectual property itself.

Bars, restaurants, hotels, clubs and taverns require a liquor licence to sell and serve alcohol in Ontario. Liquor licences may be obtained by making an application to the Alcohol and Gaming Commission of Ontario (AGCO). The Alcohol and Gaming Commission of Ontario regulates the sale, service and consumption of alcohol in Ontario.

Toronto Personal Injury Lawyer looks at Ontario law and how it deals with brain injuries and some of the issues that are unique to brain injuries.

Toronto Employment Lawyers examines the distinction between non-solicitation, non-competition, and non-disclosure agreements and their legality according to Ontario and Canadian Law.

The Ontario Court of Appeal’s decision in Lyons v. Multari [1] has reconfirmed the notion that an employer has an uphill battle in enforcing a non-competition clause in an employment agreement. MacPherson J.A., writing for the Court, reiterated that generally a non-solicitation clause will provide adequate protection for an employer, and only in exceptional cases will the nature of the employment justify a non-competition clause. The Court sought to strike a balance between the freedom of contract and the public policy importance of discouraging contracts that restrict competition. In doing so, the Court once again warned employers that when drafting restrictive covenants, they should take only what they need.

Toronto Personal injury lawyer discusses car accident benefits and changes to car accident benefit law in Ontario, Canada.

What effect does a misrepresentation, made by an employee during the recruitment process, have on the employment contract? Can an employer terminate an employee for lying during an interview or on a resume?

Generally speaking a misrepresentation made by an employee during the recruitment process may allow the employer to terminate the lying employee and may be used as a defence in a wrongful dismissal case. In some cases the misrepresentation may allow the employer to sue the employee for damages resulting from the misrepresentation.

Many websites have Terms of Use agreements that set out the terms and conditions for using the website. These agreements can be an effective tool in limiting a website owner’s potential liability.

A Last Will and Testament drafted according to your needs by a Toronto Wills lawyer gives you and your loved ones the peace of mind that you deserve. A Last Will and Testament is one of the most important documents that you will ever sign. It is crucial that your Will accurately expresses your wishes. A Will drafted by a qualified Toronto Wills lawyer ensures that your property is distributed according to your wishes. A Last Will and Testament saves your loved ones much time and expense after you are gone.

When people link to websites, they often do not link to the homepage. Instead they link to the sub-page that contains the information they want to link to. This practice, of linking to a sub-page deep within a website, is called “deep linking.” What is not generally known is that there is some doubt as to the legality of deep linking, and some recent court decisions suggest that deep linking might be impermissible in some cases. This essay will discuss the existing law on deep linking and its implications for future developments.

Intellectual property rights are rights in things that you create with your mind. Most property rights protect physical things: if you buy a book, you own it as a physical object. But the book as a literary work is separate from the physical object, and the author needs to have some way to protect his or her rights in that literary work. That is why intellectual property rights were created: so people can protect, and profit from, the creations of their intellect and imagination.

Toronto Criminal Defence Lawyer discuses whether the criminal law of assault and battery applies to hockey violence.

A personal injury lawyer can help with any of the following: Insurance Disputes, Occupier’s Liability, Long Term Disability, Car Accidents, Boating Accidents, Trucking Accidents, Motorcycle Accidents, Construction Accidents, Sex Abuse, Child Abuse, False Arrest, Malicious Prosecution, Fire Accidents, Brain Injuries, Spinal Chord Injuries, Paraplegic Injuries, Wrongful Death, Dog Bites, Slip and Fall, and Product Liability.

Internet Defamation lawyer Gil Zvulony recently appeared on CTV to discuss the growing problem of defamation on internet sites such as Facebook, Myspace and Twitter. For a list of other media appearances by Gil Zvulony see Media Appearances.

Recently, the Ontario Court of Appeal re-affirmed the principle that a judgment from the United States is usually enforceable in Canada, with very few and very limited exceptions.

Case Comment: Old North State Brewing Co. v. Newlands Services Inc. One of the principal tenets of contract law is freedom of contract. It can be said with a fair degree of certainty that a court will have regard to the intentions of the parties when interpreting a valid contract. The circumstances where a court [...]

A well drafted agreement that accurately reflects the intentions of the parties can be the ounce of prevention that will save you the need and pain of going to court. Conversely, a poorly drafted agreement that is vague or silent on an important issue may end up being a nightmare that causes more harm than good.

A domain name dispute is just what it sounds like: a dispute over the rightful use of an internet domain name.

Someone might register a domain name that is similar to the name or trade-mark of an existing business. Sometimes this is done to fool people into thinking that the registrant is associated with that business. Other time it may be an example of cybersquatting, buying up a domain name for the purpose of selling it back to the person who has a legitimate business interest in the name.

If someone has registered a domain name for some illegitimate purpose against your business, you have certain rights and remedies available to you.

Dogs, it is said, are man’s best friend. But a dog can turn into someone’s worst enemy with just one bite. When a dog bites someone, the victim may understandably want to take legal action. But for obvious reasons, it is hard to sue or indict a dog. The one who must be the target of any legal action, then, is the dog’s owner – but when is an owner liable for a dog’s biting or attacking someone, and what are the remedies for an individual who has been bitten or attacked? This article will address these questions within the context of the laws of Ontario.

Do it yourself Last Will and Testament kits have become very common in the last few years. These Will kits should be used with caution. Many people would never dream of “do it yourself” surgery. Unfortunately, many people would not think twice about using a “do it yourself” Will kit. The potential problems with “do it yourself” Will kits are several.

Defamation Lawyer Discusses the Definition of Defamation According to the law of Ontario, Canada

This article explores the notice requirements and the limitation period requirements of the Libel and Slander Act and whether they apply to defamation on the internet . It concludes with the recommendation that, whenever possible, the Act be complied with.

If you have lost your CPP appeal in front of the Office of the Commissioner of Review Tribunal (OCRT) for your denied CPP Disability Benefits application then you may consider appealing to the next level. That level is the CPP Pension Appeal Board.

Can a judgment rendered in a corrupt foreign tribunal be enforced in Ontario? Where a litigant can raise enough evidence that the foreign tribunal was corrupt, and that the corruption influenced the outcome of the proceeding, the judgment will typically not be enforced. However, in order to make use of applicable defences at the recognition and enforcement stage, the litigant must raise evidence of actual corruption by the particular foreign tribunal during the foreign proceeding.

On April 1, 2008, Ontario’s highest court, the Court of Appeal, examined the threshold test for a car accident victim to make a claim for pain and suffering in the car accident case of Brak v. Walsh (http://www.ontariocourts.on.ca/decisions/2008/april/2008ONCA0221.pdf). The case considers the “threshold” test that the plaintiff car accident victim had to meet to be entitled to make a claim for pain and suffering, and certain other claims, in the lawsuit.

What are your legal rights if you have been injured in an automobile accident? This article will provide you with a brief overview of your rights if you are the victim of a car accident in Ontario.

It is increasingly common for websites to include “Terms of Use” agreements. These agreements set out the terms and conditions to which the user must agree in exchange for using the site. A question that sometimes arises in the law is: how does one demonstrate that a user assented to the Terms of Use agreement?

Has someone accused you of being a scam, a rip off, or a fraud. Are Google results ruining your reputation? Is your business being ruined by a malicious consumer complaint or someone seeking on-line revenge?

Treble damages are a form of damages by which the amount of actual damages is calculated and then multiplied by three. This head of damages is created by statute and is intended to be punitive in nature. Treble-damages laws are common in many United States jurisdictions.

Toronto Lawyers discuss the law of enforcing judgments in Ontario that were granted from outside Ontario (i.e. in the U.S.A).

In the past, only famous people had libel and slander issues. Today, it is the common person who must deal with this issue. This article explores ten essential tips for dealing with defamation on the internet.

It looks like Google’s legal team dropped the ball on this one.

Did anyone really believe that LimeWire’s main purpose was not for sharing copyright material?

Defamation law in Canada already protects complaints to the Law Society that are false and damaging! Defamation law does not protect, nor should it protect, false and damaging complaints made in bad faith or with malice. Such an immunity would truly make a mockery of the complaints system.

This cannot be good politics. Suing the citizenry does nothing to advance democracy.

Cyber-service ‘a new frontier’

This is a text-book case of a defamation lawsuit actually amplifying the defamation.