Our Take On Things
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because we have been unsuccessful at personally serving the Defendants because the address on their Driver’s License is no longer valid.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...
Lock Down Your Genius: The Importance of Strong IP Clauses
Intellectual property (“IP”) is the goose that laid the golden egg for many businesses. Whether it’s your next big software breakthrough or a top-secret recipe for poutine-flavored ice cream (no – I wouldn’t try it), protecting your brainchild with strong IP clauses...
Small Claims Court and the Ontario Construction Act
A construction lien is a “charge” registered to the title of the property where a contractor either provided services or materials (or both) to an improvement of the property, and the contractor has not been paid for same. The Construction Act in Ontario allows...
Due Diligence 101
Summer is in full swing – the heat and the rain have really been the topic this summer, not to mention the fires in Alberta. With the summer weather usually comes the lull in the office when we get to catch our breath and get ready for the Fall rush. We at the firm...
Application vs Actions
Application vs Actions Litigation is a complicated process that involves various ways of resolving disputes. The two main ways of resolving legal disputes in litigation are applications and actions. One of the most important decisions a litigant must make is whether...
Unpaid Internships: There’s No Such Thing as A Free Lunch
Unpaid internships might look like the perfect way to get some free labour while offering students a chance to gain some practical experience. But, before you jump into this arrangement, be warned: there’s a lot more to consider than just getting some extra (free)...
Overflow work ? So, like the flood in Toronto last week? Um, no.
A week ago at the time of this Blog being published, many areas in Toronto flooded. Our firm lost power due to the flood for half of the business day and fortunately, because we’re on the 4th floor that is just labeled the 1st floor (not even kidding) the only...
Your Commercial Lease Matters, A Lot
Whether you’re a long-term Commercial Landlord or Tenant, it can become easy to forget that your relationship is formal and likely the rules of that relationship are in a very long lease document. The Lease spells out who is responsible for which parts of the Premises...
Building Team Culture while Having Fun !
Two weeks ago, our firm had our annual Summer Fun Day, where we took the day off and went out to have a “friendly” competition to earn the right to be immortalized on our Summer Fun Day plaque, as well as have a firm lunch. This year our competition was archery tag...
Multiple Business Names Can Cause Confusion
We were recently retained by a party who provided their services to a company who identified itself as a corporation, and we would later discover that it was not properly registered to carry on business. To carry on business in Ontario in a name other than your own, a...
Vacations
Vacations. I used to dread taking vacation because of what I would come back to. The number of emails that need my attention, the amount of work that has piled up while I was away almost made going on vacation not really worth it. I’m pretty sure I’m not the only...
New Legislation Alert
The Ontario Government passed the Homeowner Protection Act (HPA) on June 6, 2024. The main change introduced by this Act is a ban on the registration of Notices of Security Interest (NOSI) for consumer goods installed as fixtures such as Furnaces, Water...
Reassessing Work-Life Balance: A Pinched Nerve’s Tale
As we hit the halfway mark of 2024, I find myself reflecting on the importance of work-life balance, prompted by a recent, rather painful lesson—a pinched nerve. Imagine this: you're at your desk, working away, when suddenly, a sharp pain strikes in your neck. "This...
Want your Legal Fees Awarded Back to You in Litigation? Read on !
In Ontario, the winner of a stage of litigation is usually awarded back legal fees. These can be partial indemnity (approx. 60% of actual fees + 100% of disbursements), substantial indemnity (approx. 90% of actual fees + 100% of disbursements) or full indemnity (100%...
How To Make the Examination in Aid of Execution Work for You
If you lack information on your Debtor that you can use to enforce your judgment, an Examination in Aid of Execution could be the way to get it. Examinations are a good way to determine if your judgment can be enforced or not, as you are able to obtain financial...
Are you purchasing a business, or just the assets?
If you read that question and thought to yourself “what’s the difference”, then you need to keep reading. Purchasing a business means that you are purchasing 100% of the shares of the company, which effectively transfers all of the company’s assets and...
Ethical Lawyering
I have a few friends that are currently studying for the Ontario Bar Exam (Good luck to all those writing!) and they reminded me of the professional responsibility section in their study materials. The adversarial nature of litigation makes it essential for all...