Our Take On Things
So you’re applying for a “law job”
Our firm is currently going through the second round of interviews for our jr litigator/solicitor position. As the position is a junior position, we were overwhelmed (almost) with applications and had to whittle them down for the first round interview process....
Hey Canadian Businesses: have you heard about the GDPR?
If you owned, or were in management of a Canadian Business in 2015 you will remember the "joy" that was the introduction of the Canadian Anti-Spam Legislation (CASL). CASL requires businesses to have the consent of those who they email, a record of the consent and a...
You Have a Paper Judgment. Now What?
Congratulations, you have a piece of paper from the Court that says a person or business owes you money. Now what do you do with that piece of paper? Judgments can be enforced several ways: Garnishment; Writ of Seizure and Sale; and Examination in Aid of Execution...
Evidence – give your lawyer everything !
You watch these legal tv shows and it never fails, at the end of the episode, during Trial, BAM! There’s a document that one of the lawyers had in its’ possession, or there is a key witness who just happened to re-appear, and it changes the whole outcome of the Trial....
Detailed Records are Key in Litigation
Recently we had a matter where our client was sued by a business for a refund they allege they did not receive from them. Our client advised that the payment was provided to a third party, related to the plaintiff. Based upon the information we had, we brought that...
Do what you are good at
Just recently Inga B. Andriessen and myself attended at a Career Fair for Grade 10 students. My first thought when I was asked to attend this was “really, Grade 10, do they even know what they want to do?” They better have some idea, or else their choices in classes...
It’s High School Mock Trial Season in Ontario !
I often joke that to make up for being a Business Lawyer, I volunteer working with High School students. While it usually gets a chuckle or two at the end of the day, it's not actually why I do it: I volunteer working with High School students because it's fun and...
Upcoming Changes to Ontario Construction Laws Includes Small Claims Court Litigation
The Construction Lien Act was established in Ontario in 1983 and has remained practically unchanged until now. The Construction Lien Amendment Act, 2017 was passed by the Ontario Government in December 2017, to modernize the booming construction industry in Ontario,...
It’s a Fixture, no it’s a Trade Fixture and why it matters in Commercial Leasing
I am a Commercial Leasing nerd. Seriously. A Case Management Master once referred to me by that description during a pre-trial. So, unless you’re a Commercial Landlord or Tenant or a kindred spirit Commercial Leasing Nerd, then this Blog is probably not for you....
What it takes to be a Law Clerk
On some of my earlier Blogs here, I have discussed the why I do what I do, but I have never discussed how I got here. Becoming a Law Clerk does takes specific education and training. Back in the day when I went to College, there was no Law Clerk designation program at...
The Ontario Government Has Implemented Standardized Residential Tenancy Leases
A recent development has taken place in the realm of residential tenancies since our last blog about the exclusion of marijuana use in residential tenancies. On April 30 2018, all new residential tenancies in Ontario must use the same standardized lease, which was...
Plain English in Contracts. Yes . We do that.
I started my career as a litigator and that remains about 70% of my personal practice these days. Our firm employs other lawyers who do not practice any litigation and focus on the document side of law. When I started out, 25 years ago, most contracts I litigated on...
Jurisdiction – It’s our job to ensure you follow the Rules
As a firm that has clients that have head offices all over the country, and even in the US, we are often asked if we can assist them with matters where the jurisdiction lies within Ontario. There are many areas of law that our firm can assist our out of...
Chipping away at our Canadian Democracy
David Frum is a Canadian born, living in the USA, author who just released a book about Donald Trump that details his attacks on the pillars of Democracy in the USA. There has been a lot of press about this lately and it has all been focused on the USA. Last week,...
Residential Leases and Marijuana Use
The Canadian Federal Government is legalizing recreational marijuana use the year. The issue of marijuana use in rental units is an issue residential landlords need to be aware of. The Ontario Provincial Government has indicated it will ban the use of recreational...
Avoiding a Common Disaster
Many times when we meet with our clients to discuss their estate planning, the question of what happens if your spouse and all of your children fail to survive you, triggers a blank reaction. More often than not, this consideration of a common disaster occurring is...
Getting lost in the sound of protest
Have you noticed all the outrage going around these days? Minimum wage increase in Ontario, Diversity Statement for Lawyers, #MeToo for many women - there is a lot of outrage and protest and the message is often getting lost in all of the noise. One topic, as a...
If you are going to sue, you need to prove your damages
I was recently successful representing a client at a Trial where they were sued for an alleged misrepresentation of the product they sold the plaintiff. The plaintiff purchased Product A from our client, but claimed they expected Product B. The only difference between...
The Company Handbook – do you really need one?
When you hire new employees, how do you make sure they are made aware of policies and procedures within the company? How do you make sure they know what is expected of them as an employee within your company? The Company Handbook is how. Important topics to be covered...
Where's the Exit Sign?
When we are looking to sign a contract, it is easy to become lost in the business details to ensure that the key contract terms reflect business discussions and expectations. Although it is important to ensure that the key contract terms are accurate as you enter into...
Know your timelines for preserving and perfecting Construction Liens
Often we are asked by clients to register Construction Liens for them. This generally is not a problem, except for when we find out that the day of last attendance at the construction site was 44 days ago. Why is that a problem? Because of the due diligence searches...