Our Take On Things
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...
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...