Our Take On Things

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...

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...

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...

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...

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...

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