Our Take On Things

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”)....

What do you get when a Prime Minister “wings it” and says that there should be a ban on Commercial Evictions during a press conference?  Well, you get Provinces scrambling to make it so, because it’s not a federal issue, it’s a provincial issue.  You finally...

In 2012 I obtained judgment against a debtor for failing to file Defence. In late 2013, we confirmed employment with a simple call to the Employer after obtaining an updated Equifax Report.  We issued a Notice of Garnishment, thinking enforcement would be...

Over the last few years, having everything on-line was becoming more of the norm.  I know our offices have started having our documents stored as PDFs on our system and including in our Discovery Plan the exchange of documents electronically.  For the bigger...

The Construction industry is just one among many industries that have been severely impacted by COVID-19, and the resulting provincial shutdowns. The last several weeks we have seen the Ontario government gradually roll out phases for re-opening the province. As...

“The Courts are Open and they never closed” is what I heard the Chief Justice of Ontario tell me on a webinar in April.  Technically that’s true, but the technicalities only get you so far. Small Claims Court in Ontario is being completely ignored.  Despite...

It’s hard to believe it has been a year since I’ve talked about Spring Cleaning for businesses.  Last year we touched on 4 main arears:  Reviewing Employee Agreements and Handbooks, Corporate Minute Books, Accounts Receivables and Estate Planning. ...

2020: the year of living in strange times.  COVID-19 is wreaking havoc around the world with people trying to adapt to social distancing, and business trying to keep carrying on.  Small Claims Court is no different. Small Claims Court offices throughout...

Remember in elementary school when you realized that your teacher no longer bought your (clearly well thought out) excuse that your dog ate your homework? Similarly, you can’t rely on Covid-19 to make all of your financial obligations go away. If you owe money under a...

Our firm has been working non-stop since the Pandemic arrived advising our clients on the various new pieces of legislation that impact them right now. The cycle of advice has fallen into a familiar rhythm: There are rumours of a Government program coming down the...

Just as the COVID-19 pandemic hit, and we are all working from home, I was forced to defend a client who was served with a claim where the allegations made against them were based upon the Plaintiff speculating what happened.  There was no evidence attached to...

How is everyone doing?  Is everyone social distancing and following the guidelines the government wants us to?  Are you working from home, or are you still essential service?  Do you have young ones at home that are now home schooled for the foreseeable...

If you’ve ever seen or attempted to read a business contract, you know how long these documents can be. You might even be annoyed by all the “boilerplate” clauses thrown into the contract. Let’s face it, the parties really only care about the meat of the agreement;...

Have you noticed all of the emails companies are sending out telling you what they are doing due to Covid-19?  I appreciate the ones from grocery stores that are letting me know how things are changing.   I do not appreciate the ones from online software services I...