Our Take On Things
Using the Repair and Storage Liens Act to Get Your Vehicle Back
Over the years, I have assisted vehicle owners in getting their vehicles back from parties (lien claimants) who have allegedly repaired, stored or towed their vehicle. These owners have never agreed to the amount(s) charged by the lien claimant, or someone else had...
What if the answer to Access to Justice is better marketing by Lawyers?
In the Province of Ontario there is a lot of talk about Access to Justice and concern about how many self-represented litigants there are in the Courts. One of the solutions has been to increase the number of lawyers in the Province. Not surprising to me, this has not...
Mutual Will Agreements – a.k.a. controlling your spouse from the grave
When spouses decide to prepare their wills together, there may be a concern that once one of the spouses die and the surviving spouse later remarries, that the surviving spouse may not live up to the joint intentions and promises she or he made to the deceased spouse...
Started from the Bottom, now I'm here
I'm fortunate that as part of my career I have the opportunity to Mentor students, beginning at the High School level and carrying on to lawyers about to be Called to the Bar. I've recently encountered some questions during Mentoring interactions that have led me to...
The Scope of Practice of a Paralegal
What is the difference between a lawyer and a paralegal? That is one of the most common questions I am asked by clients. One of the most obvious differences between lawyers and paralegals is education; however, this blog will focus on the scope of practice of a...
Keep your Bum Warm (a.k.a. CYA)
Lawyers provide a service. We do many things including conducting research, advocating for our clients and providing legal opinions. While these services are essential, they are not always welcomed nor are they always appreciated. Many businesses that are not law...
Help the Law Clerks get your Corporate Record Keeping Done
I previously talked about why I became a Law Clerk and my role with corporate matters in the firm. This is a big part of what I do for our clients and I wanted to expand on that thought, so that's what today's Blog is about. As a Corporation, Federal or Provincial,...
Tax Reform – What's next for Small Businesses?
Back in July, the Liberal government issued draft legislation for proposed tax reforms aimed at private incorporated businesses that fell primarily into 4 categories: Income splitting, Capital gains exemption, Capital gains within a corporate group, and Deferral of...
Garbage in means Garbage Out in Litigation and in Life
The title of this Blog is often used in terms of data management to mean that if you input garbage your results will not be impressive. As a litigator, this also applies to the information provided to me by my clients. If my client does not give me full disclosure,...
If it's personal, it might not be smart to sue !
We as humans have a great attribute to persevere. We like to think that everything will work out in the end if we keep fighting for what we believe is right. This idea can get you far in life but it can also cost you a lot especially in the legal field. One of the...
The Benefits of an Offer to Settle
I was recently successful in a Small Claims law suit where our client was sued for alleged damages to a vehicle the plaintiff claimed were caused by our client. It was obvious after reviewing the Plaintiff’s Claim that the plaintiff had no reason to sue our client....
The LSUC Statement of Principles
Ontario lawyers all recently received the email from the Law Society telling us we have to create a Statement of Principles that acknowledges our obligation to promote equality, diversity and inclusion generally, and in your behaviour towards colleagues, employees,...
Don’t Be Tardy
If you thought by the title of today’s post that we were jumping ship and reviewing the American reality television show of the same name, rest assured we are not! Today’s post is a reflection of some of the recent contract negotiation work we have assisted our...
How to Be Prepared to Meet with Your Wills & Estates Lawyer
There are so many people out there who have not given serious thought about Estate Planning. They question “what will happen if I die?”, “what will happen if both myself and spouse dies, my child(ren) will get the property , right?”. Before that happens (I mean before...
You have a limited time to sue – do you know when that is?
There are numerous situations where a client walks into a law office with a valid issue but is unable to receive the outcome they desire. In this profession, clients do not always get the results they want however they should never be robbed of their day in court due...
I am not a Tax Cheat & neither are our Clients !
Our firm is a Professional Corporation. The Canadian Government has declared we are therefore tax cheats. I disagree. Many of our clients are also Professional Corporations or Small Business Corporations. They are not tax cheats either. Over the past twenty-four year,...
The importance of a Business Name Registration
One thing that we have noticed with our corporate clients is that they are often operating under a name different than that which has been incorporated. For example, incorporating “ABC Company Incorporated” and then operating under “DEF Co”. What’s the problem with...
The Era of Airbnb and the Residential Tenancies Act
We recently had a request from client who is a condominium owner to proceed with an eviction because their tenant was not only failing to pay them rent, but they also had listed the condominium for rent on the Airbnb website. The question they asked was: Can a tenant...
Before You Sign the Dotted Line – The Assignment Clause
When entering into a services contract, you may be focused on the business terms such as the scope of services and the fees to be paid and gloss over the provisions towards the end of a contract that look like boilerplate provisions. These provisions include the...
Dear Future Mentees in the LPP
I've had the privilege of being a Mentor Lawyer to over twenty-four of the Law Society's Law Practice Program (LPP) Candidates over the past three years. These are lawyers who have graduated law school and are choosing the LPP instead of Articling. The last week of...
Why are Law Clerks important?
When I was in grade 8 and asked what I wanted to be when I grow up, I knew that it was to work in a law firm. I knew I didn’t want to become a lawyer, or be part of Reception (not that there is anything wrong with that!). I knew I didn’t want to go to Court, but...