Our Take On Things

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...

The Canadian Radio-television and Telecommunications Commission (CRTC) has been cracking down on parties that aren’t taking Canada’s Anti-Spam Legislation (CASL) seriously. In fact the CRTC recently sent a message to Canadian businesses that CASL isn’t all bark...

I have written before about the decision to incorporate, or to register a business name, but haven’t touched on Trademarks.  What is a Trademark?  The Canadian Intellectual Property Office (CIPO) defines Trademark as “a combination of letters, words, sounds...

On June 17, 2019 a big change is taking place in Canada's Trademark world and it will matter to your Brand, if you don't already have a registered Trademark. The current Canadian system is the first party to prove use of the Trademark is the one who is allowed to...

Doing your due diligence before entering into a contract or lease agreement with an individual or corporation can be beneficial in the long run.  It may seem mundane to double check their credit and making sure they actually own the house they say they do, but...

People are freelancing more now than ever and has become a reality for many Canadians.   If you are a freelancer or provide your services by billing your clients for your time, make sure you record your time, or you may not get paid. At our firm, a large portion...

In our blog post entitled “Find A Good Ol’ Trustee Person to Act on Your Behalf,” we discussed the importance of appointing a power of attorney. Today we look at what to do if you find out that an attorney for property is abusing their power. When clients come to us...