Our Take On Things

Last week Thursday the Canadian Supreme Court released its decision on a case called Bhasin v. Hrynew.   This decision is an important decision in Canadian contract law: if your business uses contracts, this applies to you. The Court found that there is a new duty of...

We do not need a government taskforce to investigate sexual harassment in the workplace. We have excellent legislation that protects people from harassment: the Human Rights Code and the Occupational Health and Safety Act spring to mind. Employees have no difficulties...

As a lawyer who represents Employers, the discussions this week about sexual harassment in the workplace have been frustrating to listen to.  The reason is that I have not heard anyone discuss the difficult legal position Employers find themselves in when one employee...

Just when Canadian businesses thought governments might be done with legislating them to oblivion, word comes of even more oversight that may be coming soon to your business:...

Many accounting packages allow businesses to input a rate of interest that is put on every invoice sent out.  Often the rate is expressed as a monthly amount, for e.g. 2% per month. Unless the interest is expressed as an annual amount, for e.g. 24% per year,  this is...

The Greater Toronto Area, within the past year or so, has been “blessed” with a new a.m. radio station that plays all comedy all the time. As a result, my memories of Jeff Foxworthy and his comedy routine have been re-kindled and in a weird way, inspired this Blog....

Business owners who pay legal fees to obtain a Judgment are often worried that they will be defeated by debtors who will somehow manage to avoid paying the Judgment.   This type of concern is definitely something that needs to be factored in, when evaluating: do we...

The word trademark sounds important to many. It sounds big.  It sounds expensive.  As a result, many small businesses believe that registering a trademark for their name and/or log is not important. While cost is always a consideration in any business decision,...

If you are a commercial landlord, then you may have some knowledge of executing a distraint to collect rent owed to you. If you are owed rent monies, then you have the right (unless it’s been removed in the lease) to take the chattels of your tenant and sell them,...

As a Business Law Firm, a growing part of our practice is advising and representing employers in Applications before the Human Rights Tribunal of Ontario (HRTO). If your business has not been hit with an Application, you may feel this Blog is irrelevant to you: think...

On October 29, 2014, Ontario Employers are required to provide three new types of leave to employees who qualify for those leaves. The leaves are: 1. Crime-Related Death or Disappearance Leave; 2. Critically Ill Child Care Leave; and, 3. Family Caregiver Leave. 1....

So, the public might imagine that the Law Society of Upper Canada's release of new Rules of Conduct for lawyers next month is directly tied to the lawyer who was just caught, allegedly improperly disbursing trust money. The public would be wrong. Yesterday the Law...

Here’s some interesting information on why having a lawyer advocate on your behalf is a good idea. A recent study came out in the Journal of Empirical Legal Studies titled “Lawyer and Nonlawyer Susceptibility to Framing Effects in Out-of –Court Civil Litigation...

Normally this Blog is about Business Law Topics, well, that and the occasional rant about something one of us in the firm is going on about and needs to share with the rest of the universe. This Blog, however, is addressed to those of you starting Law School this...

I read a column in the Globe & Mail this week called "Nine to Five". An employee had written in complaining that her boss was in her office, looking through documents, though she had locked the door. The answers no doubt surprised the employee: the boss was within...

As a business lawyer, my favourite hat to wear is that of business litigator. I truly enjoy my role in the court room above any other. However, there are many other interesting hats I wear and as I become more senior in the practice, those hats are worn more and more...

Proceeding with an Action in Small Claims has changed as of July 1, 2014. It’s not a big change, but it is a change (honestly, we’re a little disappointed that the changes are not bigger). Prior to July 1, 2014 a defendant who wanted to defend a lawsuit had to file...

Our firm has a great program to help businesses ensure they get paid promptly - it's a program that regiments when and who you contact on unpaid accounts. Interestingly though, come summer, many businesses suddenly ease up on their payment timelines. Just because...

I'm just back from a two week break having enjoyed scuba diving in Ohio (I don't recommend it ... the location, not the diving) and then time up north paddling amongst the loons and other wildlife. As luck would have it, my internet connections were poor to...