Our Take On Things
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...
An Ode to the Self Represented Business Litigant
Roses are red, Violets are blue, If you're in a law suit, Don't represent you. Ah, Valentine's Day. A day to celebrate love and the emotion that comes with it. While being in touch with your emotions is good for your personal relationships, being emotional is not a...
Planning to succeed
Starting a new business is an exciting time for a business owner. Many times the idea to start a business comes up quickly and spontaneously. While the desire to move quickly is understandable, moving without a plan in place is likely to see that business fail just as...
Carrying on Business in Ontario since the 45th President of the USA
We've just celebrated the Lunar New Year, which maybe means it's a good time to reflect on an old curse: "may you live in interesting times." Oh boy. We're certainly doing that right now, aren't we? The political upheaval in the USA that has been felt world wide. What...
Why yes, grammar does matter when you're a lawyer
I recently reviewed a Statement of Claim that was served on one of our clients. The document had many typos and included this gem: "no fair hearing prior to overkill termination undeserved." That was a stand alone sentence, in case you thought that I only used part of...
Business Planning for when you no longer are running it.
One of the best reasons to incorporate is so that your business becomes an asset that you can transfer to the next generation. A well-organized corporation can be the primary source of wealth for families. Yet many small business owners don’t take the necessary step...
Is there such a thing as a "probationary period" for employees anymore?
Many people think they know a lot about employment law. Many people do. Many people know a little about employment law and get confused about its' application to certain issues. One of the most common issues that arises in is the "probationary period". Part of the...
It's 2017 – in July you could be sued for $ 200.00 for that email you're about to send!
Remember a few years ago there was a lot of noise in the media about the Canadian Anti-Spam Legislation, a.k.a. CASL. If you're a small to medium business owner, you may be thinking, well that was a lot of noise about nothing. You would be wrong and you may be about...
The Airing of the Grievances !
I'm feeling in a "Festivus" mood - if you didn't watch Seinfeld, Google it, then come back. The specific part of Festivus I'm in the mood for is the airing of grievances, so let's all gather around the Festivus pole, tired after the feats of strength and begin: "I...
Who owns what when (or … Bona Fide Purchaser without Notice)
Occasionally this Blog draws on recent cases in the firm and this Blog is one of them. A fraudster provided a fake cheque as form of payment for a piece of equipment and the company selling the piece of equipment (XYZ Co.) gave title to the fraudster. The fraudster...
New Record Keeping Requirements for Ontario Corporations that own Land
Effective December 10, 2016, Ontario corporations that hold legal or beneficial interests in land that is located in Ontario, must prepare and maintain a register of these ownership interests pursuant to new record-keeping requirements under the Ontario Business...
It's the Most Wonderful Time of the Year, except for Employers
Oh wait, isn't the title of this week's post the way that song goes? I suppose it's not, but it could be. Ah, the holidays. Yes, all of them, not just Christmas, Channukah & Kwanza - all of them. Nothing brings out good will towards all in some and the worst behaviour...
Delays matter in the Civil Justice System Too
In July of this year, the Supreme Court of Canada made a ruling in a case called R. v. Jordan. This case has impacted our Civil Justice system in the Province of Ontario, in addition to the Criminal Justice system to which it was targeted. In the Jordan decision, the...
So you want to sue a customer
Dear future client: We look forward to helping you collect the money you're owed from that customer you are about to do business with. We understand that the customer doesn't want to put your deal in writing, preferring to work on a handshake. We also understand that...
High School Students considering a law degree: know what you're signing up for.
Most Ontario High Schools are now sending out codes for students to use to apply to University. This is an exciting time and one full of a lot of decisions for students. Many of those students want to be lawyers. Many are being lied to by the Universities they're...
Remembrance Day & Democracy
This is quite a week. November 11 is Remembrance Day in Canada. We stop to remember the men and women who fought in wars in order to ensure we have our freedom. Freedom is not free and many paid the ultimate sacrifice. Of course, today, November 8 is the US...
How about Legal Literacy for High School Student?
I've been reading and hearing a lot lately about the call for financial literacy classes in high school. This involves teaching the basics of budgeting, what credit cards are, etc. I think this is a great idea. However, I also think it would be a great idea if we...
Civility between Lawyers in the Age of Donald Trump
The Law Society of Upper Canada has been working very hard to improve the civility between lawyers. This is something most of us practicing law always strive towards, yet occasionally, fail to achieve. One of the interesting things of living in the age of the Donald...
Its been 25 years since I graduated from law school ….
Next week, the Class of 1991 is holding its' 25th Reunion. Our Class has organized it on its' own because our Law School dropped the ball. It seems it was unable to reach people in our Class to tell them about the reunion. Strangely, the people who didn't learn about...