Our Take On Things

Even in death we often can’t escape the tax man. When we die, estate administration tax, or “probate fees,” become payable. These fees, which are approximately 1.5% of the value of a deceased’s estate, can add up. However, some smart estate planning by your lawyer can...

It amazes me how many times I check my email, professional and personal, and see the amount of “junk” mail that is there, especially with all the big hype when CASL came into force July 1, 2014.  Sure, I ordered off your website ONCE, does that mean I need to get...

Ontario’s Civil Court system is an adversarial system.  This means lawyers on opposite side of the case are paid to put forward opposite points of view.   This means the lawyers will disagree.  They can do so civilly, but at the end of the day,...

I was recently in Court and a very large Toronto law firm brought a Motion to reinstate an action that had been dismissed for delay. The Defendant argued that not only should the action remain dismissed for delay, it should remain dismissed for the Plaintiff’s failure...

Have you or your company been served with a Statement of Claim? If so, this means exactly what you think it means - you my friend, are being sued. Whether you are being sued by a client, vendor, or another business, this will not go away on its own. It may be that you...

We always do what we can to keep fees down for the client and we have mentioned it time and time again about our flat fees.  As much as we try to keep fees less surprising for our clients, there are just some areas where there can be no compromise.  For...

The holiday season is here and from the paranoid, Scrooge McDuck Laywer point of view, this brings a lot of potential liability into your Business. Let’s start off with this Blog title.  Ho Ho Ho is only o.k. in the workplace if it is in reference to Santa’s...

In 2010, the Ontario Government increased the monetary limit of the Small Claims Court from $10,000.00 to $25,000.00. On January 1, 2020 the monetary jurisdiction of the Small Claims Court will increase to $35,000.00 as the Government believes this will help resolve...

Are you incorporating your business or already incorporated? Do you know what corporate by-laws are? Corporate by-laws – if you don’t know – are rules for your corporation, which are established by your business’ Board of Directors when the corporation is being set...

I often hear complaints about how expensive lawyers are, and we understand.  The rule of thumb usually is you get what you pay for.  Sometimes that’s not always the case when it comes to lawyers.  You can find a good lawyer and not have to take a second mortgage out...

In 2018 our firm obtained judgment against a debtor on behalf of a client in Small Claims Court.  We enforced the judgment by garnishing a bank account, only garnishing a small amount of the judgment. After the garnishment was issued, the debtor provided a low-ball...

November 11 is coming up soon, our day to remember those who died in order to obtain and protect our freedom. I find the remembrance day following our federal elections always to be interesting. People who chose not to vote are still claiming to appreciate the...

The election has come and gone, and there were a few shake ups.  The Liberals lost seats, the Conservatives and NDP’s gained seats, and we now have a minority government.  Records broken for the advance voting, however, the overall voting percentage was just...

Do you charge interest on your invoices that are paid late, and if so, what is that rate? Is that interest rate on your invoice a monthly rate or an annual rate? Did your client acknowledge and accept that interest rate as a term of your engagement? These are some...

Do you have employees that work from home? Well, if you do you are among the 20% of employers in Ontario who offer telecommuting to their employees.  “Telecommuting,” or working remotely, has never been more popular. While telecommuting has the potential of...

We hear a lot about Access to Justice in the news and how lower income individuals cannot afford to litigate in Ontario.   That is a problem.  That is not the topic of this Blog. This Blog is about the frustration of dealing with judicial officials who...

When you invoice your client, do you indicate what the interest rate for late payments is? Did your client accept this interest rate as a term of your engagement? Is the interest rate on your invoice a monthly or annual rate? These are all important questions to ask...

Now that the changes have been in effect for over a year, let’s discuss the July 1, 2018 changes to the Construction Act, formerly the Construction Liens Act, to see how everyone is making out.  One thing to keep in mind is that if the contract was entered into...

Are you reading this on your phone?  While reading this did you get a phone call from someone asking if you can meet next week?  Did you check your calendar on your phone, say yes and then book that into your phone? Maybe you read this at the office. ...

Are you doing business with a party outside of Ontario? Are they drafting the Agreement? Have you read it? We mean, have you really read it? While we could write a book about the number of things you need to look out for before signing a commercial contract, today’s...

Ah, the day after Labour Day.  It used to mean new teachers & new school supplies, but these days, as a business lawyer, it means our clients are now focussing on their business and finally getting back to the things we recommended they do back in June. Some...