Our Take On Things

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...

It’s the last week of August and I’m pretty sure I’m not the only one whose news feed is being hit with news feeds about work/life balance these days.   Everyone is talking work/life balance, but are they living it and what does it mean anyway? I...

I was recently successful in a Motion to dismiss an action for delay. Our client paid money into Court 17 years ago (yes, 17 years ago) and the Plaintiff failed to do anything about that money our client paid into Court all those years ago. The Court sent a letter to...

I’m going to discuss two ways of keeping up with technology, one being staying safe and the other being efficient programs.  This may be one of those blogs where you want to just yawn, but if you are client of the firm, we have your files and we just want you to...

A Henson Trust, also known as an “Absolute Discretionary Trust,” is a useful tool when estate planning for a beneficiary that is living with a disability. This Trust allows testators to plan for the care of their loved ones, while preserving their beneficiary’s rights...

“Timing is everything” is a very common expression and in business, that comes into play more times than you can imagine. The timing of when to incorporate is one of the first timing issues a business often runs into.  An Accountant may counsel you to wait until...

The Small Claims Court is a fickle creature. The Rules of the Small Claims Court, albeit are similar to those of the Rules of Civil Procedure in Superior Court, but not all the Rules are treated the same. One of those Rules is personal service.  Personal service...

While I was on vacation, I saw a tweet from our firm posting a picture with the Positive Space sign.  You may have seen it and thought to yourself “What is that?”  When it was discussed in the firm about putting up the sign, I didn’t know what it actually...

Gone are the days when a handshake was enough to enforce deals between vendors and buyers. Well at least we hope those days are gone. If you’re still doing handshake deals, stop right now! You are a business owner, a potential titan of industry, so in the very least...

I was recently interviewed by the Lawyer’s Daily to comment on modernization in the BC Court System.  On the same day that was published, a client bemoaned the fact that the Rules of Civil Procure required original signed affidavits to file with the Ontario...

Some employers misclassify their employees as independent contractors. Now this misclassification can be the result of an innocent mistake, but it can (in the case of some sneaky business owners) be an intentional act meant to deny their employees protections under...

Lately it seems that pets are everywhere.   As both a Business Lawyer and an individual with a severe animal allergy, I notice it more than the average person as if a pet is in a business, I cannot breathe in that business.    I like pets, I...

We all know about the Personal Information Protection and Electronic Documents Act and the Privacy Act, and the importance and maintaining an individual’s privacy.  But do you know the lengths that law firms in Ontario take to ensure we keep your information...

The Limitations Act allows you two years to sue a party for money you’re owed.  That doesn’t mean you should wait until the eve of the second year to commence a lawsuit. Why?  Well, memories fade, documents get lost, and witnesses disappear. It is difficult...

As I write this Blog, I’m waiting to be called to trial in a Courthouse that is not in Toronto, Ontario.     As with most Court Houses in the Court House runs “sittings” twice yearly when civil and family trials are heard.   The sittings...