Our Take On Things

Mitigating damages is a concept in contract law that requires a party who has suffered a loss in a contract dispute to minimize their damages that have occurred because of that dispute. This means that as the wronged party, you must make reasonable efforts to reduce...

I have talked briefly about why Employment Agreements matter, and about the impact COVID-19 has had on the workforce, but I’m pretty sure I haven’t talked about what makes a good employer. Not everyone can work in our office (as I do work for the best employer), so...

To be clear when we say “screen” we aren’t talking about movies or doors unfortunately. The pandemic really has created a new normal, and with it a positive obligation on employers in stage 3 areas to screen all employees for COVID-19 symptoms.  This mandatory...

I am currently working full time at the same time as studying for the four ILCO exams to become a Law Clerk. If you are a professional who is currently working full time and going to school, then you (like me), may struggle to find the balance between trying to work,...

In our firm, we pride ourselves on responding to clients within at least a four hour window, unless we're in hearings or discoveries. The response may simply be "I'm working on a deadline right now, but I'll get back to you by the end of the day" but it is a response....

You get this great idea for a company and decide to start up, make business cards, create an email and start doing business.  It’s a great idea and your company starts to thrive.  Oh no, something bad happened and now you are being sued personally. ...

The crisp autumn air isn’t just a reminder that summer is over, but also a signal to an end of cottage season for some. Most that invest in their own cottage do it with a mind to “keep it in the family.” Watching your kids grow up at the cottage with the thought that...

One of the most common mistakes made in drafting pleadings by both self represented individuals and legal representatives is failing to correctly name or spell the party’s name. Some legal representatives are too lazy to conduct a few searches to make sure they name...

You may be considering pursuing a career in law, whether that be as a Lawyer, Paralegal, Law Clerk, or some of the various other positions available within the vast expansive field of Law. Before you make the decision to spend your hard earned money (or lack thereof)...

I’m often accused of having a positive attitude and that’s probably right.  I always look for the lesson in a bad situation and this pandemic is no different for me. Before I go all “glass half full” let me acknowledge that this Pandemic is a nightmare. ...

I had trouble sleeping and I feel that it was because of the first day of school jitters, or was it?  In our school board, the school start was delayed a week to allow for adjustments and getting ready for the kids to head back, whether virtually or in person,...

When the provincial shut down was announced in March, in an unprecedented act, our fearless leader Inga announced we would be shutting down our physical office indefinitely and working from home. Sounds wonderful doesn’t it? Not having to get dressed in the morning...

Something interesting happened on a matter I was brought into. A client discovered a lien registration under the Repair and Storage Liens Act (“RSLA”) on one of their vehicles by a Lien Claimant who we believed was a gas station. Our client wanted to know if a...

As August draws to a close, even if you don’t have school aged kids, it still usually feels like “back to school” which brings on that Fall Feeling.   We’re having that big time at the firm right now. This past Friday our firm said farewell to our...

What is ILCO?  The Institute of Law Clerks of Ontario (“ILCO”) is a professional association providing continuing education, fellowship and networking for its members and strives to advance and protect the status and interests of the profession. Can anyone belong...

In March 2020, the Small Claims Court closed its doors to in-person filings and appearances to prevent the spread of Covid-19. Only emergency Motions were being heard after the Government-ordered shutdown.  Limited Settlement Conferences were later being...

With phase 3 rolling out in many municipalities, we don’t know whether we’re seeing the end of this pandemic, or whether we are on the eve of a second wave. Unfortunately, one thing that is certain is this pandemic has brought with it a great deal of...

Are you a repairer whose customer has not paid you for your services and has left their vehicle at your business for a duration of time? Are you now charging them storage fees for their vehicle until they pay?  Well…not so fast!A “storer” is defined in the Repair...

It’s all that we are talking about, but these unprecedented times require a fresh look and reminder on certain aspects of litigation, especially employment law.  Unfortunately, lay-offs and terminations are happening.  In some circumstances the terminations...

EMPLOYERS BEWARE! A recent court decision may have just made your current employee agreements unenforceable. On June 17, 2020, the Ontario Court of Appeal provided its troubling decision on the case of Waksdale v Swegon North America Inc., 2020 ONCA 391 (“Waksdale”)....