Our Take On Things
Think You Can Withhold Rent Due to Maintenance Issues? Think Again
On April 10, 2024 I attended an L1 Application at the Landlord and Tenant Board (the “LTB”) on behalf of our client to obtain an Order for Eviction of a tenant who owed over $45,000.00 in rent. The Tenant previously alleged maintenance issues with the Unit, which...
Take Off the Rose-Coloured Glasses: Why You Need A Shareholders’ Agreement
Starting a business with multiple shareholders is an exhilarating adventure. We see it all the time—clients walk through our doors, brimming with excitement about a new business opportunity. Their enthusiasm is contagious, fueled by idealism and the promise of...
Canada Is Dissolving Corporations – Don’t Be One Of Them
Dissolving a Corporation is a standard part of doing business - what isn’t a standard part of a doing business? Being dissolved involuntarily. A Corporation may be dissolved for failure to comply with filing requirements, is in default with certain statutes (like...
The First Court Decision of the Year (Sort Of)
As a litigator, I review (and occasionally participate in) a substantial number of past court decisions from the Ontario Superior Court on a daily basis. These decisions are assigned numbers based on when they are issued, such as ONSC 1, ONSC 2, and so on throughout...
This Blog Should Have Been A Meeting
We’ve all been there—the long, drawn-out meeting that takes far too much time, gets little done, and should’ve been an email. Sadly, I can’t help you get out of that meeting, but I do have a few tips to make it more seamless and productive. Here are a couple of...
Ending the Social Media “How To” for Residential Tenants
Most residential tenants are great. They pay their rent and are happy to make their rental unit a home. A few tenants are “tenants from hell”. These tenants stop paying rent, refuse to leave and even after they are ordered to leave, do not, until the Sheriff is at...
How to Help Your Lawyers Enforce Judgments for You
Our firm prides itself on not just getting a paper Judgment, which is pretty but meaningless; you want money, not paper. In order to enforce Judgments, we need information on where the debtor banks, what they own, and who owes them money. Sure, we can run credit...
The More Things Change, The More They Stay The Same
I recently attended some excellent CPDs on AI in litigation. These focused on introducing AI-generated evidence at trial, as well as cross-examination and advocacy techniques surrounding AI-generated evidence. While case law will be developing, as it always does, the...
The Problem with Boilerplate Pleadings
I recently received a Defence from opposing counsel who reached out to have “settlement discussions” prior to the Settlement Conference. Upon reviewing the Defence, I had a lot of questions. Allegations were made which included (but not limited to) our client failed...
Do you have a Disconnecting from Work Policy?
It has now been almost 2 years since Employers were required to have a written policy regarding the “disconnecting from work” when they have 25 or more Employees. What is the definition of “disconnecting from work”? This term is defined in the Employment Standards...
Were You Just Sued? Act Fast!
If you’ve been served with a legal claim in Ontario, it’s crucial to act quickly. Under the Rules of Civil Procedure, defendants have 20 days to respond to a statement of claim, starting from the day you are served. If you were served outside Ontario, you have 40 days...
Trademark Scams: Something Smells “Phishy”
Trademark holders, beware! Scammers are out there fishing for your details—posing as “intellectual property attorneys” with fake warnings that your trademark is “under threat.” These crafty messages create a sense of urgency, hoping you’ll fall hook, line, and sinker...
Enforcing Interest Rates in Contracts
When you put an interest rate in your contract, you want it enforced in Court should you have to sue on it. There are a few ways to ensure that won’t happen and those include not expressing the interest rate as an annual amount and exceeding the criminal rate of...
Emergency Management Plans
Emergency Procedures in white collar jobs are commonly taken as a joke or a hassle, fire drills are treated as an interruption to the workday and formal procedures are written and forgotten. The truth is emergency procedures seem bothersome and inconsequential, until...
Appealing an Eviction Doesn’t Mean You Don’t Pay Rent
In April, we obtained an Order from the Landlord and Tenant Board (the “LTB”) to evict a Tenant who was in arrears of rent, which were at the time of our Application already over the monetary jurisdiction of the LTB (which is $35,000.00). The Tenant filed a Review of...
Did you meet the ONCA deadline to become compliant?
The Ontario Not-For-Profit Corporations Act (ONCA) replaced the Ontario Corporations Act on October 19, 2021. At that time, not-for-profit corporations were given until October 18, 2024 to become compliant with the Act. This time has now passed – did you comply? If...
Thinking of Starting a Lawsuit? Make Sure You’re Not Out of Cash!
Access to justice is a significant issue facing the legal system. In many jurisdictions, motions and trials need to be booked years in advance. One of the main problems plaguing the court system is the volume of cases. The courts employ various gatekeeping methods,...
Mediation Success
LinkedIn thinks I’m an “expert” on mediation. That’s interesting. As a Civil Litigator in Ontario, any litigation started in Toronto is subject to mediation, so a high volume of our files are required to mediate before moving forward to trial and many do settle at...
Celebrate the Little Wins
It’s that time of the year again, summer has ended, the days are getting shorter, and the weather is getting colder. With these changes it’s easy to feel a bit bleak and stuck in your fall routine. During our last work/life balance lunch of summer, we tackled the...
The Consequences of Failing to Update Your Address
I have recently been filing several Motions for Subservice to serve our Plaintiff’s Claims on debtors by mail, because we have been unsuccessful at personally serving the Defendants because the address on their Driver’s License is no longer valid. According to the...
Back to School
We are one week into the new school year and at the tail end of the “back to school” season. I always find this season to be a good time to refocus on my personal and professional learning goals. For lawyers, this time of year can also serve as a reminder of the...