Our Take On Things

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”)....

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...