Our Take On Things
That's the way we've always done it is not a great reason to still do something
There is a lot written these days about failure to innovate in business being an invitation to the end of that business. There is a lot of truth in that, but that is not what this Blog is about. This Blog is about Business Law and in particular, Business Litigation....
Happy 150 Canada !
I'm not intending to trample any American pride by posting this ode to Canada but honestly, our country is awesome. As a Business Law firm, we are able to point out when we disagree with the government and no one tramples our right to do this. As advocates for our...
We're Business Lawyers. We're here for you.
Seven years ago, I decided I didn't like the way I have traditionally answered the question: "What do you do?" My answer to that point had been "I"m a corporate/commercial lawyer". If you were not a lawyer, this response generally led to blank stares and for those...
It's almost summer, let's talk vacations
I hope you were not expecting travel tips when you clicked on the link to this Blog. While I do have some (Curacao for scuba diving, Sun Peaks for downhill skiing) that is not what I want to talk about today. Today we're talking about how employers handle vacations...
Canadian Anti Spam Legislation (CASL) – Big Update
On June 7, 2017 the Canadian Government wisely delayed the right of private prosecution under CASL. This was set to come into force on July 1, 2017 and would have allowed private law suits to enforce violations of the anti-spam laws. The press release from the...
Employers change is on the horizon in Ontario (aka the light at the end of the tunnel is a train)
In Ontario, some significant changes are being proposed to the Employment Standards Act - the important words is "proposed" in that sentence, there is time for Employers to chime in with their thoughts. Our firm does not represent Employees in Employment Law issues,...
So you want to get paid?
One of the things our firm is great at is helping businesses get paid. By the time we're involved, it's usually a litigation matter, however, we like to encourage businesses to take steps to protect themselves before it lands on our desks. This is why we created...
How about a bit of appreciation for volunteers
Last week I enjoyed the privilege of Judging a High School Mock Trial tournament. I have been doing this for many years and it is a lot of fun. I don't get paid for it (hence the volunteering part of this Blog post) and as a result I don't get to bill for the time I'm...
Independent Legal Advice – What is it & why have it?
Ah, Independent Legal Advice ("ILA") . That throw away line in many agreements where people sign saying they have had an opportunity to have it, but have chosen not to. We recently had a great example of the right way to use ILA when we were retained to give ILA to a...
Newly Called & Looking for a Job? This Blog is for you !
As the person at the firm responsible for hiring at the firm, I see the cycles of hiring in the legal industry up close. Right now, it's a tough time to be looking for a job as a newly Called lawyer: there are a lot of other newly Called lawyers looking for a job as...
We don't need no stinkin' lawyers !
There is a sign in front of a cemetery I frequently pass by that says "Free Legal Will Kit - you don't need a lawyer" outside the gates. I wonder about that cemetery. I wonder if they provide your loved ones with shovels when you pass away and say "have at it". Then...
We have the best team !
You might think this Blog is about the Raptors (I'm still expecting them to pull off a series win and move on) but you would be wrong. This Blog is about the amazing group of people who work at our firm and in particular the Admin Professionals who we celebrate this...
Can we talk?
I'm not a criminal lawyer. Our firm does not practice criminal law. However, I recall in Law School we learned about the presumption of innocence in first year Criminal Law. Our Criminal Justice System holds this as a fundamental tenet. This principle matters: if you...
Tips for the Trade
A few weeks back I had the privilege of speaker to a class of law school students about to market yourself as a lawyer. Since the class, I’ve had a few follow up calls with some of the students to discuss more deeply what we do at our firm to meet new clients. Really,...
Following through is important
Failing to follow through on things you promised to do is an easy way to get sued. This happens in business more than it should and that leads to lawyers being busier than they should be with preventable issues. For example, if you enter into an agreement of purchase...
Our Ontario Civil Justice System Needs Fixing Now
When the Women's March on Washington took place earlier this year, the best placard I saw was one that said "I can't believe I still have to protest for these rights." I feel similarly about the Ontario Civil Justice System. I've been a lawyer for 24 years in this...
The Deal before the Deal
Recently we have had some questions from clients about the value and enforceability of documents prepared in anticipation of doing a deal. In one case, the binding nature of a letter of intent was in question, and in another, some clients wanted to know what effect a...
Vacations and all that fun stuff
It's March Break week in Ontario - the highways are quieter and it's tougher to get work done because so many people are away. The Courts are full of people with non-school aged kids, litigating disputes blissfully unaware that many people have overpaid to travel at...
Do not make a bad decision twice
Sometimes the stress of cash flow, business planning and the general day to day grind of people's jobs can lead to some really bad decisions. Generally the really bad decisions are ones that are made quickly or out of an emotional response, rather than a business...
Loser pays what ?
In Ontario, in most cases, the loser in a step in a civil law suit pays the legal fees of the winner. It is for this reason, we always advise our clients of this and warn that no outcome before a Judge can be guaranteed. There is good reason for awarding costs against...
Don't drag your family into your business problems
Yesterday in Ontario we celebrated Family Day. Family is such an interesting thing to celebrate as there are those who feel they do not have much to celebrate in that department. Some of those who have that sentiment have no doubt experienced being dragged into...