Latest Publications

Qualified Privilege: The “Duty” Defence

Qualified privilege allows an otherwise defamatory publication to escape civil liability, if the person who made the defamatory expression had a duty to communicate, and the person who received it had a corresponding duty to receive the information.  It is based upon the idea that there are some things the public needs to know, and that the importance of expressing such knowledge may outweigh the protection of a particular person’s reputation.
September 9, 2021/by gil@zvulony.com

Fair Comment

The defence of fair comment allows for the free expression of opinions on matters of public interest.
July 30, 2021/by gil@zvulony.com

Responsible Communication

Defaming someone in a publication may be allowed by the courts if it's in the public interest and the author was diligent in their reporting.
July 23, 2021/by gil@zvulony.com

Overview of Ontario’s anti-SLAPP Law

Ontario has an anti-SLAPP law intended to encourage expression and debate on matters of public interest, by discouraging meritless lawsuits meant to stifle that expression.
July 19, 2021/by gil@zvulony.com

Winning Result: Anti-SLAPP Motion Dismissed

Defamation Lawyer, Gil Zvulony successfully defended an Anti-SLAPP that involved postings about a real estate agent on WeChat.
December 2, 2020/by gil@zvulony.com

Virtual Notary Public Services in Canada

We are offering remote notary public and commissioning services during the COVID-19 pandemic.
March 26, 2020/by gil@zvulony.com

Laid Off Due to Covid-19? You May be Entitled to Severance Pay

By Karen Zvulony, Toronto Employment Lawyer



Due to the fallout…
March 24, 2020/by gil@zvulony.com

Coronavirus (COVID-19) – Legal Questions facing Employees

The fear and danger of Coronavirus (COVID-19) has caused significant…
March 22, 2020/by gil@zvulony.com

Coronavirus (COVID-19) – Legal Questions facing Employers

The fear and danger of Coronavirus (COVID-19) has caused significant…
March 20, 2020/by gil@zvulony.com

Legality of Challenges and Pranks Online

Toronto Internet lawyer discusses the law with respect to online pranks and challenges.
September 9, 2019/by gil@zvulony.com

Defamation Law, Strategic Lawsuits, and Politics

Toronto Defamation lawyer Gil Zvulony spoke recently with the CBC about Prime Minister Justin Trudeau's threat of defamation proceedings against opposition leader Andrew Scheer. Mr. Zvulony thought that Trudeau's faced an uphill battle in court and any lawsuit in Ontario would likely get dismissed under Ontario's anti-Gag Proceedings law.
April 8, 2019/by gil@zvulony.com

Winning Result in the Court of Appeal

Toronto Defamation Lawyer Gil Zvulony successfully represented Ben Rabidoux, a defendant in the Ontario Court of Appeal, in a precedent setting case that was one of the first to test Ontario's anti-SLAPP legislation (Strategic Lawsuit Against Public Participation) in the courts.
October 9, 2018/by gil@zvulony.com

Defamation in the Workplace

What are the legal repercussions when someone is the subject of a false and damaging statement in the workplace. Are there any special considerations that apply to the workplace?
April 13, 2018/by gil@zvulony.com

Suing Twitter for Defamation

Toronto Defamation Lawyer Gil Zvulony discussed some of the legal issues in suing Twitter with Canadian Lawyer Magazine.  Gil Zvulony highlighted some of the uncertainties in the law as it relates to the liability of internet intermediaries such as Twitter.
January 3, 2018/by gil@zvulony.com

Court of Appeal Reminds Employers of the Need for Clear Contracts

Fixed Term Employment Contracts
In the case of Howard v. Benson…
November 30, 2017/by gil@zvulony.com

The Importance of a Well Drafted Termination Clause

Wood v. Deeley: Ontario Court of Appeal Refuses to Enforce Poorly…
July 18, 2017/by gil@zvulony.com

CRTC Seeks More Internet Accessibility

March 10, 2017/by gil@zvulony.com

Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest

Below is Section 137.1 of the Courts of Justice Act. This is…
February 22, 2017/by gil@zvulony.com

About Long Term Disability Claims

Toronto Disability lawyer gives an overview of Long Term Disability Insurance Policies
November 14, 2016/by gil@zvulony.com

Online Harrasment

Toronto internet lawyer, Gil Zvulony was recently interviewed by City News about the laws dealing with online harassment and cyber bullying.
July 18, 2016/by gil@zvulony.com

Top Ten Tips for Internet Defamation Victims

This article explores ten essential tips for dealing with defamation on the internet. It provides some simple and practical advice to people who have been libeled on the internet, including how to determine the severity of the defamation, whether the posting is defamatory, and whether it is worth suing over.
May 30, 2016/by gil@zvulony.com

Predators on Dating Sites

Gil Zvulony spoke to CityNews about the problem of predators and pedophiles using dating websites to lure children. Gil cautioned that many dating websites do not verify the identity of their users.
July 14, 2015/by gil@zvulony.com

Privacy and Health Records

Gil Zvulony discusses unlawful disclosure of private health records and privacy breaches in hospitals.
February 26, 2015/by gil@zvulony.com

Can you opt out of Facebook’s Terms of Use?

Can you protect your intellectual property and private information from Facebook by updating your status with certain legal language?
December 4, 2014/by gil@zvulony.com

Privacy Breaches Are Usually Not Worth Much Money

Most minor privacy breaches will fall in the realm of small claims court jurisdiction.
November 11, 2014/by gil@zvulony.com

Why Employers need an Employment Agreement

By Toronto Employment Lawyer, Karen Zvulony

One of the best,…
November 6, 2014/by gil@zvulony.com

Gil Zvulony’s Expert Opinion Cited by Federal Justice Minister

The federal government has introduced Bill C-13 ostensibly as an effort to address the problem of cyber-bullying. In November 2013, Toronto Internet Lawyer Gil Zvulony gave his views on the proposed legislation to the CBC. In a letter to the editor, Justice Minister, Peter Mackay, quoted Gil Zvulony's opinion that "…there is a logical theme to all of this, in the sense that it’s trying to modernize [the code] for the digital age".
November 3, 2014/by gil@zvulony.com

Bad Reviews and Defamation Law in Canada

Toronto Internet and Defamation Lawyer, Gil Zvulony sat down with CBC's Carol MacNeil to discuss the legal issues surrounding negative online reviews.
October 21, 2014/by gil@zvulony.com

Rob Ford Defamation Case

Gil Zvulony, Toronto Defamation Lawyer, recently spoke to Law…
October 7, 2014/by gil@zvulony.com

Online Harrasment

Toronto Internet Lawyer, Gil Zvulony, recently spoke to CITY…
September 17, 2014/by gil@zvulony.com

Coercion and Undue Influence in Making a 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”.
September 17, 2014/by gil@zvulony.com

What State of Mind is Needed for a Will to be Valid?

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.
September 1, 2014/by gil@zvulony.com

Toronto Wills Lawyer Discusses Family Gifts

Toronto Wills and Estates lawyer examines the law of family gifts when someone passes away with or without a last will and testament.
August 1, 2014/by gil@zvulony.com

Superman, Copyright and Jeffrey Baldwin

Toronto Copyright Lawyer, Gil Zvulony, recently spoke to Pat Bolland of Sun News about DC Entertainment's refusal to allow the Superman logo to be displayed on a memorial statute of Jeffrey Baldwin. Gil was critical of the decision to refuse and questioned the legal validity of preventing such usage.
July 9, 2014/by gil@zvulony.com

Canada’s Anti Spam Legislation

Toronto Internet Lawyer, Gil Zvulony recently spoke to the Business…
July 2, 2014/by gil@zvulony.com

Online Reviews and Defamation

Toronto Defamation Lawyer, Gil Zvulony was recently featured in a story Global News did about online reviews and defamation. Gil Zvulony gave some tips on writing a good review that could protect a reviewer from a defamation lawsuit.
June 25, 2014/by gil@zvulony.com

Policing YouTube

Toronto Internet Lawyer, Gil Zvulony recently spoke to the national media regarding the ability of YouTube to monitor its videos for threatening behaviour.
June 25, 2014/by gil@zvulony.com

User Based Insurance and Privacy

Gil Zvulony was a panelist at the Telematics Canada Conference 2014.
June 25, 2014/by gil@zvulony.com

What is an Estate Trustee?

Toronto Wills Lawyer discusses the definition of 'estate trustee' according to Ontario law, including duties of an estate trustee and their payment.
May 1, 2014/by gil@zvulony.com

The Law on TheDirty.com

Canadian Defamation Lawyer Gil Zvulony speaks about the law as it relates to websites like TheDirty.com
April 8, 2014/by gil@zvulony.com

Privacy, Tracking Devices, & Usage Based Auto Insurance

Toronto Privacy Lawyer, Gil Zvulony, recently discussed potential privacy concerns regarding the use of tracking devices used by some auto insurance companies.
March 14, 2014/by gil@zvulony.com

Bit Torrent File Sharing and Canadian Copyright Law

Toronto Copyright Lawyer, Gil Zvulony recently spoke to Dan…
March 12, 2014/by gil@zvulony.com

Legal Rights in a Photograph

Toronto internet lawyer Gil Zvulony examines the various rights in a photograph, including, copyrights, moral rights, publicity rights and privacy rights. He discusses the rights of photographers, models, by-standers, celebrities, and of ordinary people.
March 6, 2014/by gil@zvulony.com

What is Pain and Suffering Worth?

Toronto Personal Injury lawyers discuss how much money an injured car accident can claim for pain and suffering damages. Generally speaking a pain and suffering claim is limited to approximately $350,000. In addition, the car accident injury must meet certain minimum thresholds set by the Insurance Act before pain and suffering damages will be awarded.
February 3, 2014/by gil@zvulony.com

What Not to Say on Social Media

City News recently dropped into Zvulony & Co. to speak to Toronto Defamation Lawyer Gil Zvulony about some dangerous words that should probably be avoided when talking about someone on the internet.
January 20, 2014/by gil@zvulony.com

Income Compensation for Accident Victims

Toronto Personal Injury presents a typical car accident victim's scenario as it relates to compensation for lost work, wages and income.
January 17, 2014/by gil@zvulony.com

Car Accident Benefits Explained

Toronto car accident lawyer explains the Car Accident Benefits entitlements that are available to car accident victims under Ontario law.
January 13, 2014/by gil@zvulony.com

Criminal Harassment on Twitter

Toronto Internet Lawyer, Gil Zvulony spoke to Matt Galloway of…
January 7, 2014/by gil@zvulony.com

Is it Defamatory to Publish that a Person Was Charged With a Crime?

Toronto Defamation Lawyer, Gil Zvulony discusses defamation law and how it applies to the reporting that someone was charged with a criminal offence.
December 10, 2013/by gil@zvulony.com

What is No-Fault Insurance?

No-fault insurance means that regardless of fault, an accident victim – even a person who causes an accident – may have access to certain benefits from their own insurance company. The issue of fault remains relevant both with respect to a person’s insurance premiums, and the rights of others to sue an at-fault driver for damages.
October 29, 2013/by gil@zvulony.com

Using Social Media in Court Against You

By Toronto Personal Injury Lawyers

While insurance companies…
October 29, 2013/by gil@zvulony.com

Can Google Read My Emails?

Toronto Internet Lawyer, Gil Zvulony, spoke recently to CTV news about Google's practice of scanning emails. Gil Zvulony's opinion is that such a practice is legal in Canada and that the lawsuit in the US will likely fail.
August 16, 2013/by gil@zvulony.com

What is Criminal Possession?

Criminal possession is one of the most common set of charges in the Canadian justice system. Yet many Canadians do not know the legal definition of possession. This article will attempt to explain the definition of possession and the definition of its component parts in order to allow you to better understand possible defences to a charge of possession.
August 14, 2013/by gil@zvulony.com

About Drug Treatment Court

Toronto drug offence lawyer answers some common questions about drug treatment court to help decide if it is something that will benefit someone accused of a drug offence. Those questions include: “What is drug treatment court?”, “Am I eligible?”, “What is the difference between drug treatment court and regular court?” and “How does an accused sign up for drug treatment court?”
August 14, 2013/by gil@zvulony.com

The Criminal Code Provision of Corrupting Morals

Toronto Internet Lawyer Gil Zvulony, spoke to various news media regarding the laying of criminal charges against Mark Marek. Marek was charged under section 163(1) of the Criminal Code of Canada. In June 2012, Mr. Zvulony expressed his opinion that distributing the Magnotta murder video was illegal and contrary to Canada's obscenity laws.
July 18, 2013/by gil@zvulony.com

The Effect of Addiction on Sentencing in Drug Cases?

The effect of addiction on sentencing in drug cases can cause rehabilitation to be the top objective of the sentence, even though denunciation and deterrence are often the highest objective, as long as the judge believes that rehabilitation is possible and there is no mandatory minimum required by law.
July 8, 2013/by gil@zvulony.com

10 Facts About Sentencing in Drug Cases

Toronto Criminal Lawyer discusses some essential facts to know regarding sentencing in Drug Cases.
June 27, 2013/by gil@zvulony.com

Defamation Cases Often Unrealistic

Toronto Defamation Lawyer Gil Zvulony was recently quoted by…
June 27, 2013/by gil@zvulony.com

Drug Offences Worst Case Scenarios

One of the most common questions I get asked by people accused of drug offences is, “What is the worst case scenario?” Receiving the maximum penalty is the worst case scenario for someone charged with only one count. But what about people accused of more than one offence?
June 24, 2013/by gil@zvulony.com

Ontario Anti-SLAPP Bill Introduced

by Toronto Defamation Lawyer, Gil Zvulony

The Ontario government…
June 18, 2013/by gil@zvulony.com

Is Catfishing Illegal?

Toronto Internet Lawyer, Gil Zvulony discusses the legality of catfishing and lying on the internet. He discusses whether catfishing might be considered fraud or intentional infliction of mental suffering.
June 7, 2013/by gil@zvulony.com

Removing Defamatory Search Engine Results

Toronto defamation lawyer Gil Zvulony spoke to the CBC on the problems of internet defamation and getting defamatory websites removed from search engines.
May 8, 2013/by gil@zvulony.com

About Search Warrants

Toronto Criminal Lawyer discusses search warrants and how they must be based on specific and reliable information. Evidence obtained from an improper search warrant may not be admissible.
April 19, 2013/by gil@zvulony.com

Time Limits for a Defamation Lawsuit in Ontario

Toronto Defamation Lawyer, Gil Zvulony discusses the minefield of limitation periods in defamation lawsuits. He advises that anyone who believes that they have been defamed has a positive duty to make reasonable inquiries to ascertain knowledge of the defamation.
April 18, 2013/by gil@zvulony.com

Can the Police Search Your Work Computer?

Can we expect privacy when computers are provided by our employers, and are occasionally accessed for personal use? Does the existence of a policy to search a work-issued computer diminish an employee’s reasonable expectation of privacy?
April 17, 2013/by gil@zvulony.com

In the News: Rob Ford and Sarah Thomson

Toronto defamation lawyer Gil Zvulony was quoted by several…
March 12, 2013/by gil@zvulony.com

Tips if Charged with a Drug Offence

by Toronto Criminal Lawyer

Being charged with an offence under…
March 1, 2013/by gil@zvulony.com

Should I Incorporate?

by Shaya Silber

Entrepreneurs who are at the early stages…
January 11, 2013/by gil@zvulony.com

Employment Lawyer Karen Zvulony Cited as an Expert

Toronto Employment Lawyer, Karen Zvulony was cited as an expert…
January 11, 2013/by gil@zvulony.com

Privacy Law: An Overview

A discussion of various options open to victims of privacy breaches.
December 10, 2012/by gil@zvulony.com

Copyright and Music Samples

By Shaya Silber

A common question in copyright law is how…
December 10, 2012/by gil@zvulony.com

Internet Defamation in Canada

Toronto Defamation Lawyer Gil Zvulony spoke to reporter Kip Keen…
December 10, 2012/by gil@zvulony.com

Effective Client Communication

On December 12, 2012, Gil Zvulony will be speaking to a group…
December 10, 2012/by gil@zvulony.com

In the News: George Foulidis v. Rob Ford

On November 13, 2012 Toronto Defamation Lawyer Gil Zvulony appeared on CFRB 1010 to discuss the trial of Foulidis v. Ford.
November 15, 2012/by gil@zvulony.com

Supreme Court Expands Fair Dealing

by Shaya Silber

Fair dealing has always been a hot topic in…
November 2, 2012/by gil@zvulony.com

Defamation and Anonymous Postings on the Internet

When will an internet service provider be ordered to provide personal information about one of it's customers? The Supreme Court of Canada (SCC) recently released dealt with this issue in the case of A.B. v. Bragg Communications. The case involved a child was who was bullied and subjected to sexualized defamatory content online. A fake profile was created on Facebook containing photos of the plaintiff, as well as sexually explicit details about the plaintiff, much of which was false and damaging.
November 2, 2012/by gil@zvulony.com

Copyright Registration and Other Proofs of Ownership

By Shaya Silber,

Copyright law protects the expression of…
November 1, 2012/by gil@zvulony.com

The Enforcement of American Defamation Judgments in Canada

by Toronto Defamation Law and International Law lawyer, Gil Zvulony
International…
October 30, 2012/by gil@zvulony.com

In the News – Using Technology to Track your Cheating Partner

Toronto Internet Lawyer Shaya Silber's opinion was recently sought by City TV with respect to the legality of using technology to track your cheating partner.
September 4, 2012/by gil@zvulony.com

What is Wrongful Dismissal?

Karen Zvulony, Toronto Employment Lawyer, discusses the definition of wrongful dismissal and the law of firing/terminating employees in Ontario, Canada. She discusses an employees rights under the Employment Standards Act and the Common Law. She also reviews factors that could aggravate (i.e. bad faith) or mitigate (i.e. new employment) a damages award. A must read for any employee that believes they were unfairly dismissed.
June 20, 2012/by gil@zvulony.com

Top 10 Tips for Internet Defamation Victims

This article explores ten essential tips for dealing with defamation on the internet. It provides some simple and practical advice to people who have been libeled on the internet, including how to determine the severity of the defamation, whether the posting is defamatory, and whether it is worth suing over.
June 14, 2012/by gil@zvulony.com

Why Your Website Needs a Terms of Use Agreement

Terms of Use contracts are an essential tool to help minimize liability for websites. This article explores the benefits of having an expertly drafted terms of use agreement for your website.
June 11, 2012/by gil@zvulony.com

In the News – Online Obscenity

Toronto Internet Lawyer discussed the legality of posting the Luka Magnotta video on the Best Gore website with the national and international media. Mr. Zvulony took the position that the posting of the video violated Canada's obscenity laws.
June 11, 2012/by gil@zvulony.com

Car Accident Law in Ontario

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.
June 6, 2012/by gil@zvulony.com

Privacy Law and the Workplace: Job Applications

Employers have access to unprecedented amounts of information on their employees and job candidates. Many people, especially young people, don’t realize how much information they are publishing about themselves, and what the possible implications are.
June 4, 2012/by gil@zvulony.com

Domain Name Disputes: .CA and CIRA

Disputes over coveted domain names are on the rise. When an amicable settlement cannot be reached, a complainant has two options.
May 29, 2012/by gil@zvulony.com

Privacy Law: Intrusion Upon Seclusion

Privacy law in Ontario has expanded to include the new tort of Intrusion Upon Seclusion.
May 2, 2012/by gil@zvulony.com

Privacy Law: Google and PIPEDA

Changes to Google’s privacy policy in March 2012 has raised many questions.
May 2, 2012/by gil@zvulony.com

In the News: Google’s New Privacy Policy

Our Toronto Privacy Lawyer was recently quoted on CTVNews.ca…
February 29, 2012/by gil@zvulony.com

ISPs and Notices of Copyright Infringement

by Shaya Silber

[please note that this article contains references…
February 1, 2012/by gil@zvulony.com

In the News: Nude Photos on Revenge Sites

Toronto Internet Lawyer, Gil Zvulony was quoted extensively in…
December 21, 2011/by gil@zvulony.com

In the News: Tweeting RIDE and Speed Trap Locations

Toronto Internet Lawyer, Gil Zvulony recently appeared in…
December 21, 2011/by gil@zvulony.com

Spam Law: Upcoming Changes in Canada

by Shaya Silber

Dec, 20, 2011.

Changes to Canadian spam…
December 20, 2011/by gil@zvulony.com

Defamation in Online Forums

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.
December 20, 2011/by gil@zvulony.com

Doing Business Online: Perceived Risks and Myths

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.
December 20, 2011/by gil@zvulony.com

In the News: Our Internet Lawyer Quoted in the Toronto Star

Our Toronto Internet lawyer's opinion was recently featured in a Toronto Star article about a new Facebook feature to prevent suicide.
December 18, 2011/by gil@zvulony.com

Legal Requirements for Raffles and Contests in Canada

by Shaya Silber,

Businesses are always trying to find new…
November 8, 2011/by gil@zvulony.com

Terms of Use – No Click Needed!

Browse Wrap Agreements: No Click Needed

by Shaya Silber

A…
November 8, 2011/by gil@zvulony.com

Daily Deal Sites: Win Win?

Toronto internet lawyer, Shaya Silber discusses some of the challenges that Daily Deal sites face.
August 23, 2011/by gil@zvulony.com

Industrial Designs in a Nutshell

by Shaya Silber

New products are created every day. Some products…
August 23, 2011/by gil@zvulony.com

In the News: Our Internet Lawyer Quoted in itbusiness.ca

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
August 23, 2011/by gil@zvulony.com

In the News: Toronto Internet Lawyer discusses Cheaterville.com

Toronto Internet Lawyer Gil Zvulony recently discussed the legalities…
August 23, 2011/by gil@zvulony.com

Toronto Employment Lawyer Is Recognized as an Authority on Employment Law

Toronto Employment Lawyer Karen Zvulony is recognized as an authority in Employment Law.
June 28, 2011/by gil@zvulony.com

Facebook: Who Owns What?

Toronto Copyright Lawyers examine Facebook's legal contracts with their users and its implications on Facebook's use of user content.
June 24, 2011/by gil@zvulony.com

Head-Hunted and Then Terminated

Toronto Employment lawyer discusses how a "head-hunted" employee who is later fired can claim damages for inducement to leave previous employment.
May 17, 2011/by gil@zvulony.com

Does Copyright Piracy Cost Jobs?

by Gil Zvulony, Toronto Copyright Lawyer

The U.S. Immigration…
April 28, 2011/by gil@zvulony.com

Privacy Law: License Plates

Toronto Privacy Lawyer discusses the privacy law implications of the collection and storage of license plate data by businesses.
April 28, 2011/by gil@zvulony.com

Cloud Computing: Everyone is Doing it!

The use of cloud computing is growing. This article looks at the legal and privacy implications of cloud computing for businesses.
April 27, 2011/by gil@zvulony.com

Is using Mint.com a Breach of your Banking Agreement?

Toronto IT Lawyer Gil Zvulony legal opinion was recently quoted…
April 27, 2011/by gil@zvulony.com

What is a Living Will?

Appointing an Attorney for Personal Care
In Ontario, a Living…
March 23, 2011/by gil@zvulony.com

Copyright Exception: Fair Dealing

Toronto Copyright Lawyer discusses the Fair Dealing exceptions in Canadian Copyright Law and how they differ from Fair Use in US Copyright Law.
February 15, 2011/by gil@zvulony.com

Copyright Exemptions: “Research” or “Private Study”

Toronto Copyright lawyer discusses the Research and Private Study Defence.
February 14, 2011/by gil@zvulony.com

Essential Tips for Collecting Unpaid Debts | Being Proactive

Toronto Debt Collection Lawyer discusses how to collect debts by being persistent.
February 10, 2011/by gil@zvulony.com

Criminal Law

Our Toronto Criminal Lawyer Can help you with the following:
Highway…
January 30, 2011/by gil@zvulony.com

Personal Injury Law

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.
January 30, 2011/by gil@zvulony.com

Things to Watch for in a Severance Package

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
January 27, 2011/by gil@zvulony.com

In the News: Our Lawyer Quoted in the Toronto Star

Gil Zvulony's opinion was recently featured in a Toronto Star…
January 24, 2011/by gil@zvulony.com

In the News: Our Lawyer Quoted in Law Times

Gil Zvulony's opinion was recently sought by Law Times regarding a British Columbia defamation and privacy case.
January 24, 2011/by gil@zvulony.com

Privacy Policy: Why Your Website Should Have One

Toronto Privacy lawyer discusses the advantages of having a privacy policy in place for your website.
January 24, 2011/by gil@zvulony.com

Bill C-32 – Changes to the Copyright Act – What it means for Content Creators

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.
January 24, 2011/by gil@zvulony.com

Protecting your Private Information in Ontario

As we move forward into an age where growing portions of lives are becoming increasingly digitized, many holes are becoming apparent in these new information systems. A lot of these holes revolve around issues of personal information and privacy. Because this scenario is relatively novel, many people including policy makers, academics, lawyers and so on, are grappling with the consequences; and more importantly, with avenues by which to remedy apparent wrongs.
January 24, 2011/by gil@zvulony.com

Winning Result: Lawyer's Bill Reduced by 95%

Ms. Zvulony was successful in having a previous lawyer's bill judicially assessed and reduced by a whopping $124,000 (95% of the original bill). The previous lawyer appealed the Assessment Officer's decision to the Superior Court of Justice. Ms. Zvulony was successful in the Superior Court of Justice where Justice D. Aston said:
"The six accounts rendered by the solicitor totaled $137,054.58. They were assessed at $6,500.00, a reduction of more than $124,000.00. Because of the amounts paid on the interim accounts, the clients are entitled to a refund of $56,021.10 which includes $10,000.00 for the costs of the assessment itself."
The previous lawyer appealed to The Ontario Court of Appeal. Ms. Zvulony was successful in arguing that Justice Aston's decision should the upheld by the Court of Appeal of Ontario. The Court of Appeal awarded Ms. Zvulony's client an additional $5000 in costs.
January 21, 2011/by gil@zvulony.com

Winning Result: US$192 million American Judgment Recognized

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".
January 17, 2011/by gil@zvulony.com

Winning Result: Libel and Slander Case Thrown Out

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.
January 17, 2011/by gil@zvulony.com

In the News: Our Lawyer on CTV News

Toronto Defamation Lawyer, Gil Zvulony recently appeared on CTV News to discuss the growing problem of online defamation.
January 17, 2011/by gil@zvulony.com

Top Tips in Preparing For an Appeal of a CPP Disability Benefits Denial

Some helpful tips when appealing your CPP disability benefits denial.
December 7, 2010/by gil@zvulony.com

What is the Provincial Offences Act?

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.
December 1, 2010/by gil@zvulony.com

What is Reasonable Notice?

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.
December 1, 2010/by gil@zvulony.com

What is Just Cause for Dismissal?

Toronto Employment lawyer Karen Zvulony discusses the legal meaning of 'just cause' for terminating without providing reasonable notice or payment instead of the notice.
December 1, 2010/by gil@zvulony.com

What is Copyleft?

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.
December 1, 2010/by gil@zvulony.com

What is Constructive Dismissal?

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.
December 1, 2010/by gil@zvulony.com

Understanding Intellectual Property Law through Coca Cola

Toronto Intellectual Property Lawyers explain various IP laws and rights in Canada using Coca-Cola as an example.
December 1, 2010/by gil@zvulony.com

Wills FAQs

Toronto Wills Lawyer discusses what happens to your property and the tax implications if you die without a Last Will and Testament.
December 1, 2010/by gil@zvulony.com

Challenging of a Last Will and Testament in Court and Who Pays the Lawyers

Who Pays the Lawyers in a Wills Court Fight
December 1, 2010/by gil@zvulony.com

Toronto Wills Lawyer Discusses the Proper Way to Sign a Legal Last Will and Testament

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”.
December 1, 2010/by gil@zvulony.com

Toronto Wills Lawyer Discusses Estate Planning Issues of Joint Bank Accounts and Investment Accounts

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.
December 1, 2010/by gil@zvulony.com

The Law of Sexual Assault in Canada

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.
December 1, 2010/by gil@zvulony.com

Slip and Fall Law in Ontario

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.
December 1, 2010/by gil@zvulony.com

Termination Clauses in Employment Agreements

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.
December 1, 2010/by gil@zvulony.com

Web Accessibility Law in Canada

Toronto Internet Lawyer discusses how the law may require websites to be accessible to the disabled.
December 1, 2010/by gil@zvulony.com

Publicity Rights in a Photograph

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.
December 1, 2010/by gil@zvulony.com

The Law of Impaired Driving in Canada

Toronto criminal defence DUI lawyer examines the law of impaired driving in Canada.
December 1, 2010/by gil@zvulony.com

The Definition of Total Disability

Toronto CPP Disability Benefits lawyer examines the meaning of 'Total Disability' as a requirement for collecting Canada Pension Plan Disability Benefits.
December 1, 2010/by gil@zvulony.com

Re-opening a Denied CPP Claim

Toronto CPP Disability Benefits lawyer discusses the Reopening a CPP hearing where coverage was denied, because of new facts.
December 1, 2010/by gil@zvulony.com

Toronto Copyright Lawyer: The Legality of Music Sampling

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.
December 1, 2010/by gil@zvulony.com

Who Owns Copyright at Work?

Toronto Copyright Lawyer discusses who own copyright of works created at the workplace during the course of employment.
December 1, 2010/by gil@zvulony.com

What is Copyright?

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:
December 1, 2010/by gil@zvulony.com

Toronto Copyright Lawyer Discusses Author Rights and Moral Rights in Canada

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:
December 1, 2010/by gil@zvulony.com

What is an Implied License in Canadian Copyright Law?

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".
December 1, 2010/by gil@zvulony.com

Reconsideration of your rejected CPP Disability Benefits Claim

Toronto CPP disability benefits lawyer discusses asking the Government of Canada for a Reconsideration of a rejected CPP Disability Benefits Application.
December 1, 2010/by gil@zvulony.com

Eligibility for CPP Disability Benefits

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.
December 1, 2010/by gil@zvulony.com

Appeal to the OCRT of your rejected CPP Disability Benefits Claim

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.
December 1, 2010/by gil@zvulony.com

The Legal Implications of Blogging at Work

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.
December 1, 2010/by gil@zvulony.com

The Internet Lawyer’s Toolbox

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.
December 1, 2010/by gil@zvulony.com

The Availability of Punitive Damages Where an Insurance Company Has Acted in Bad Faith

Toronto Insurance dispute lawyer examines the availability of punitive damages where an insurance company has denied your claim in bad faith.
December 1, 2010/by gil@zvulony.com

Seizure of Intellectual Property to Enforce A Judgment

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.
December 1, 2010/by gil@zvulony.com

The Law of Brain Injuries 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.
December 1, 2010/by gil@zvulony.com

Non-Competition, Non Solicitation, and Confidentiality Clauses

Toronto Employment Lawyers examines the distinction between non-solicitation, non-competition, and non-disclosure agreements and their legality according to Ontario and Canadian Law.
December 1, 2010/by gil@zvulony.com

Non-Competition Agreements – A Lesson to Employers

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.
December 1, 2010/by gil@zvulony.com

Changes to Benefits for Car Accident Victims

Toronto Personal injury lawyer discusses car accident benefits and changes to car accident benefit law in Ontario, Canada.
December 1, 2010/by gil@zvulony.com

Lying on a Resume or during a Job Interview: Some Legal Implications

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.
December 1, 2010/by gil@zvulony.com

Lawyer Drafted Terms of Use for Your Website

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.
December 1, 2010/by gil@zvulony.com

Last Wills and Testaments Drafted by a Toronto Wills Lawyer

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.
December 1, 2010/by gil@zvulony.com

Is Deep Linking Legal?

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.
December 1, 2010/by gil@zvulony.com

Intellectual Property Law in Canada

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.
December 1, 2010/by gil@zvulony.com

Assault and Battery on the Hockey Rink

Toronto Criminal Defence Lawyer discuses whether the criminal law of assault and battery applies to hockey violence.
December 1, 2010/by gil@zvulony.com

FAQs about Personal Injury Lawsuits in Ontario, Canada

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.
December 1, 2010/by gil@zvulony.com

FaceBook Defamation Lawyer, Toronto, Ontario, Canada

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.
December 1, 2010/by gil@zvulony.com

Enforcing a USA Judgment in Ontario Canada by Summary Judgment

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.
December 1, 2010/by gil@zvulony.com

Enforcement of US Judgments in Canada: Case Comment

Case Comment: Old North State Brewing Co. v. Newlands Services…
December 1, 2010/by gil@zvulony.com

E-Commerce Lawyer, Toronto, Ontario, Canada

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.
December 1, 2010/by gil@zvulony.com

Domain Name Disputes Lawyer

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.
November 30, 2010/by gil@zvulony.com

Dog Bite Lawyer in Toronto

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.
November 30, 2010/by gil@zvulony.com

Disadvantages of Will Kits

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.
November 30, 2010/by gil@zvulony.com

What is Defamation in Ontario Law

Defamation Lawyer Discusses the Definition of Defamation According to the law of Ontario, Canada
November 30, 2010/by gil@zvulony.com

Does the Libel and Slander Act Apply to Internet Postings?

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.
November 29, 2010/by gil@zvulony.com

Appealing Your Turned Down Canada Pension Plan (CPP) Disability Benefits Claim to the Pension Appeal Board

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.
November 29, 2010/by gil@zvulony.com

Enforcement of Foreign Judgments: Corruption Defence

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.
November 29, 2010/by gil@zvulony.com

Pain and Suffering Damages and Car Accident Law in Ontario

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.
November 29, 2010/by gil@zvulony.com

Are Browse Wrap (Terms of Use) Agreements Binding?

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?
November 29, 2010/by gil@zvulony.com

Libel on the Internet – Scam, Fraud, Complaints, Reviews

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?
November 26, 2010/by gil@zvulony.com

About the Enforcement of Treble Damages in Canada

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.
November 26, 2010/by gil@zvulony.com

About the Enforcement of Foreign Judgments in Canada

Toronto Lawyers discuss the law of enforcing judgments in Ontario that were granted from outside Ontario (i.e. in the U.S.A).
November 26, 2010/by gil@zvulony.com

Google’s Legal Team Drops the Ball

It looks like Google's legal team dropped the ball on this one.
October 28, 2010/by gil@zvulony.com

Obituary: LimeWire

Did anyone really believe that LimeWire's main purpose was not for sharing copyright material?
October 26, 2010/by gil@zvulony.com

Law Society Complaint Sparks Defamation Lawsuit

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.
October 26, 2010/by gil@zvulony.com

Aurora Mayor Sues Local Bloggers For Defamation

This cannot be good politics. Suing the citizenry does nothing to advance democracy.
October 25, 2010/by gil@zvulony.com

Cyber-service ‘a new frontier’

Cyber-service ‘a new frontier’
October 25, 2010/by gil@zvulony.com

If You Don’t Feed it, It Will Die

This is a text-book case of a defamation lawsuit actually amplifying the defamation.
October 21, 2010/by gil@zvulony.com