It's a New Year – let's get some new ideas going!

Maybe it’s just me, but 2015 had some themes running through it, in terms of the legal industry. I’m hoping that some new ideas will spring up in 2016, because by December, this really felt like beating the same drum over and over and over again. Here are my “top three” over discussed law trends of 2015:

1. New Fee Structures

Please. If your law firm isn’t flexible enough to discuss fee structures with you that work for you, it’s not the right firm for you. Our firm has always offered a variety of billing options to our clients as we recognize that each client is unique and has unique requirements. If your business is being treated with a “cookie cutter” approach, reach out to our firm and see how we’re a different type of business law firm.

2. Virtual Firms

If you like the idea of talking about your business law issues in a crowded Starbucks where everyone can overhear discussions with your lawyer, we might not be the right firm for you. Our firm has rooms, with doors, for confidentiality when we talk to our clients. You know, that important part of the lawyer/client relationship: the part where you can be completely honest and trust it will not be used against you in the future.

Starbucks is great for a social chat, but when you’re planning your corporate takeover strategy, or selecting a Trademark, you want to be able to discuss freely without wondering if that iPhone next to you is recording your lawyer’s advice to you.

If your law firm is a “virtual firm” ask the lawyer where your files will be kept. No one wants their Minute Book having a Dora the Explorer sticker plastered to the front. Also, is the lawyer keeping your data on a laptop that would easily be stolen, or do they have a proper server with backups and security?

We encourage our lawyers to be mobile, but mobile is different than virtual. With our firm, you know your files are behind locked doors, both literally and in the IT sense.

3. Access to Justice

What a great concept: you get a lawyer and you get a lawyer and you get a lawyer (with apologies for channeling my inner Oprah).

From a business law point of view, Access to Justice does not mean free legal work. It means that you, the business owner, need to understand the value a lawyer brings to you and we, the law firm, must provide those services at a rate and in a manner that works for you.

So, where do we go in 2016? What themes will emerge as important? Buckle up, it’s likely going to be a bumpy ride !

Inga B. Andriessen JD

Small Claims Court Victories of 2015 (a.k.a. an Ode to Murray Brown)

Many readers of our Blog have met our amazing Paralegal, Murray Brown.

This past year, Murray has once again delivered numerous victories to our clients and this last week of 2015 is a good time to look back on them. As we’re a law firm, we are bound by lawyer/client confidentiality, so we won’t be naming names, but the facts speak for themselves.

1. Repair & Storage Lien Act Files

Murray successfully represented a Car Rental Agency client in having a Repair & Storage Lien removed from title to their vehicle: the repair shop thought it was o.k. to take the vehicle on a joy ride and have our client foot the bill. Too bad the 407 captures time and date of vehicle travel.

2. Interior Design Work that was overbilled

Murray successfully obtained Judgment (twice) for a client whose designer completely overbilled for work done and tried to delay refunding the overcharges by moving to set aside the first Judgment. Murray, however, successfully obtained a Court Order requiring the designer pay much of the Judgment into Court before it was set aside: this has allowed our client to recover most of its’ Judgment right away.

3. Commercial Landlord enforcement

Murray successfully obtained and enforced several Judgments against defaulting tenants. Thanks to Murray’s excellent research skills, those Judgments are not just pieces of paper: they’re money in our clients’ hands.

4. Payment for the destruction of rented property

Murray successfully represented numerous clients in obtaining judgments against their customers who had rented equipment and then returned it damaged, if at all.

5. Defending employers in Wrongful Dismissal matters

Murray represented employers in Wrongful Dismissal matters, guiding them through the ever changing law in this area. The clients were able to resolve these matters without proceeding to trial, which provided certainty and reduced costs to the clients.

All of the above is just a sample of some of the work that Murray has done for clients this year. All of Murray’s Small Claims work is done on a flat fee basis, which is the amount the Courts generally award back in their Judgments. This means our client is not “out of pocket” at the end of the day, provided their debtor has assets to collect against.

You can reach Murray at or 416.620.7020 ext. 24.

Inga B. Andriessen JD

Resolutions for your Business

As we’re approaching the end of 2015, it’s a great time to reflect back on your business last year and resolve to make changes in 2016.

The following “resolutions” are items that will help strengthen your business in 2014 and beyond, take a look through and see how many you can smugly say “I already do that” to:

1. Plan your Estate: have a Power of Attorney for Property and a Will to ensure your business can run if you are incapable of running it and will be handled the way you want it after you pass away.

2. Terminate employees who are disruptive in the work environment but only after you consult with a law firm as to what, if any, notice you must provide to those employees. It only takes one employee to throw a wrench into an otherwise happy work place: procrastinating termination only makes it worse.

3. Collect your Receivables on time, not when your customer decides they’ll pay you. Use our Trademarked 30-60-90 Sue TM plan and you will not have to explain to your Bank why your receivables are too aged to finance.

4. Speaking of Trademarks, if there is a slogan that is important to your business, consider Trademarking it: a good lawyer will advise you if this is worth it to your business.

5. Do not respond to letters from lawyers unless you are a lawyer. The law can be technical and if you respond to a letter you may narrow your lawyer’s legal options in the future.

6. Review your Financial Statements Regularly: there is no point working hard if you do not measure the success of your efforts. If you do not understand the Statements, hire someone to teach you, you cannot rely on others to explain your business to you: you must understand it yourself.

Cheers to a prosperous & happy 2016!

Inga B. Andriessen JD

2015 Business Law Highlights

As the year starts speeding to a close, this week’s Blog takes a look at some of the important Business Law issues of 2015.

The most recent change is the November 20, 2015, changes to the Ontario Employment Standards Act that came into effect and could significantly impact companies using Temporary Help Agencies to staff positions. If the Temp Agency you use does not pay the employees their regular wages, overtime wages, public holiday or special wages then your business (you personally, if you’re not incorporated) can be required to pay those monies to the employee.

Yes, this means that even if you already paid the temp agency, you’ll be paying the employee “again”. The public policy behind this is to protect vulnerable workers. Clearly “vulnerable” employers are not a consideration.

In order to protect your business from this liability, ensure that you do some due diligence into the Temp Agency you’re using. Ensure they actually pay staff on time. Investigate how long they have been in business. Ask questions to protect your business from unintentionally paying twice for temporary employees.

This year also saw the Human Rights Tribunal of Ontario award a massive award of $ 150,000.00 against an employer. This case was a reminder of the fact that while often damages awards at the Tribunal are closer to $ 20,000.00, if the case warrants it, the damages will escalate significantly.

The Canadian Trademarks Act changes that were to be in place at the end of this year have been pushed back to 2018. If you have not yet Trademarked your brand, you should use this time to do so. The changes that are proposed will open Canadian Trademarks up to more International Competition: be smart, protect your brand.

Finally, in January of 2015 we saw the Canadian Anti-Spam Legislation (CASL) provisions come into effect with respect to software. While there have been no monumental decisions on that part of CASL this year, we did see the first $1.1 Million fine against a Quebec Company. Remember: $ 200.00 per email to a maximum of $ 10 Million per corporation is what can be levied against businesses.

2015 was an interesting year for Business Law: next year should be even better !

Inga B. Andriessen JD

Seasons Greetings & Warnings

It’s December, the “most wonderful time of the year” and also one of the most dangerous times of the year for employers.

The holiday season can be a minefield of potential liability for businesses, so here are a few tips to make it a Happy New Year:

1. Alcohol consumption in the office can lead to behavior that will result in a harassment claim.  The “Holiday Cheer” is not worth the hangover of an Ontario Human Rights Complaint or a law suit.

2. Check with your accountant before giving gifts of cash or gift cards to employees.   A CRA audit, penalty and fines for being a nice employer is definitely not worth it.

3. If you have an office party where there has been driking, make sure people take cabs (Uber will set up electronic chits for you) home: there is potential liability to an employer you do not want to have to face.

4. Be sensitive to employees who do not celebrate Christmas: you do not want to face a religious discrimination Ontario Human Rights Complaint.

If you are not certain that something you plan to do for the holidays is “o.k.” then it probably is not.  However, you can always contact your lawyer to double check: better safe than sorry!

A Merry Bah Humbug to all and to all a good night.

Inga B. Andriessen JD

So you think you want to handle your own Business Small Claims Matter?

The Ontario Small Claims Court is the Court for claims that are $ 25,000.00 or less. Businesses may represent themselves in Small Claims Court and many often think this is a cost effective way to handle collection and other legal issues on their own: they are wrong.

Unless you are a law firm, navigating the Small Claims Court Rules and Procedures will prove to be challenging to you. Additionally, the time you spend dealing with the matter will quickly eat into your productivity, which means you’re losing more money, while suing for money you are owed.

Our firm recognizes that businesses need representation in Small Claims Court at a flat fee, so you can budget for the expense. We charge what the Court will usually award back when you are successful at trial: this means you will be made whole at the end of the day.

You go ahead an make money doing what you do best: we’ll handle your litigation, which is what we do best.

Inga B. Andriessen JD

Lest we Forget: Freedom is not Free

Tomorrow is Remembrance Day in Canada. A time to remember those who sacrificed their lives to give us the freedom we enjoy today.

We just completed a Federal Election. There was a change in government. There was no military coup. We all had an opportunity to vote. This is democracy. This is what people died for.

Our firm is proud to be part of the legal system in our Country. A system that metes out justice based on reasoned arguments and principals of law. This is democracy. This is what people died for.

Our country allows all people to choose to not believe in God or to believe in a God of their choice. This is freedom. This is what people died for.

Our country allows people to express their opinions freely. This is freedom. This is what people died for.

If we forget our history we are destined to repeat it. That is a frightening prospect.

So tomorrow, let’s remember those who died for our freedom and be thankful we live in the Canada that is free.

Inga B. Andriessen JD

Policies and Posters in Ontario Businesses

The Ministry of Labour in Ontario is stepping up its inspection and enforcement of a couple of relatively new requirements of the Employment Standards Act and Occupational Health and Safety Act. The requirements are commonly referred to as “the poster” requirements.

All businesses must post the Ministry of Labour Poster that informs employees about their rights under the Employment Standard’s Act and provide employees with their own copy. This can be by either hard copy or via email. The poster can be found here: http://www.labour.gov.on.ca/english/es/pdf/poster.pdf

All businesses must also post the Occupational Health & Safety Act Poster found here: http://www.labour.gov.on.ca/english/hs/pdf/poster_prevention.pdf

In addition to the poster, businesses must post a copy of the Occupational Health & Safety Act.

Finally, companies must post a copy of their Health & Safety Policy and are required to review this annually. Our firm provides these policies as part of the Company Handbooks we create for clients: this ensures all of their compliance documents are in one place.

While not required to be posted, there are many other required policies for businesses in Ontario. If you don’t have them, feel free to reach out to discuss our flat fee to create these documents for you.

Inga B. Andriessen JD

You might not need an "original" copy of that document

Maybe it was all the hype about “Back to the Future” last week, but lately, a lot of people have been asking us for “originals” of documents, when they are given PDF or Fax Copies.

News Flash: it is 2015, not 1985 and for most documents, a PDF or Fax version is as good an original. There are notable exceptions and it is always worth asking your lawyer if you are not sure, however, the Ontario Electronic Commerce Act has been in place since 2000 and allows not only fax and PDF to be “originals” but also allows electronic signatures for many documents.

If you choose to use an electronic signature for your contracts, the Act requires that you provide a copy of the contract to the signing party in a form that is available for future review. This means emailing a copy is fine, but directing a party to a website, is not. You may not use digital locks on the contract and it must be protected against future alteration in its’ final version.

While the Act has been around for a fairly long time, it appears many lawyers are unaware of it or simply unwilling to step away from 1985 and into the future/present.

If your lawyer is stuck in the past with Marty McFly and Doc Brown, feel free to reach out to our firm – we provide current legal advice, without the DeLorean.

Inga B. Andriessen JD

In Celebration of Small Businesses

October is Small Business Month in Canada: this is a great time to celebrate the backbone of the Canadian Economy (or a group of tax cheats, depending on how you look at it … I’m just not ready to see Small Businesses that way).

Just because a business is “small” does not mean that its’ legal obligations are small. It does, however, generally mean that there is not a big budget in order to deal with legal matters. Our firm enjoys working with Small Businesses and we are able to deliver quality Business Law Advice that fits within their budget.

Here are a few of the advantages we provide to Small Businesses:

1. 95% of the work our firm provides to businesses, is provided on a flat fee basis. This allows the business to budget for the work that will be provided;

2. We accept Visa & MasterCard (can you believe many firms still do not?): this allows Small Businesses to “earn points” from their legal fees, but more importantly, if something needs to be done immediately and cash is not available, there is a way to quickly finance the work.

3. We alert our clients to important changes in the law that impact the way they work. This ranges from alerting clients that their sector is being targeted for Ministry of Labour inspections, to letting them know when specific legislation comes into force to impact them.

So, here’s to Small Businesses in Canada: let’s keep driving this economy forward !

Inga B. Andriessen JD