Our Take On Things
Why you don’t wait until the last minute.
Life gets in the way, we get it. We also understand that there are always emergencies. However, when it comes to lawsuits, construction liens and incorporations, rarely should these be things that take a back seat. There are limitations in place when it...
Employment Law in Ontario: Know Your Rights
Employment law in Ontario serves as an important framework to protect the rights and interests of both employees and employers in the province. Understanding these laws is crucial for managing a workforce in Ontario. Key Points: 1. Employment Standards Act, 2000...
Get Me Some Popcorn
So ….. not gonna lie. When I read the headline in an Ontario lawyer paper that two law firms I frequently have employment litigation files with are fighting it out at the OLRB about whether paralegals are entitled to vacation pay, I had to dive in and learn...
What Happens at a Settlement Conference in Small Claims Court
After a party has been served with the Plaintiff’s Claim and they serve and file their Defence, the matter gets placed into the queue by the Court to schedule a mandatory Settlement Conference. The purposes of the Settlement Conference are:1. To settle the matter;2....
On Opposing Counsel
I have a few files with counsel that make me smile. These counsel will speak aggressively on the record, state their positions and argue passionately for their case. Once the argument is done, we are completely friendly with each other and to the casual...
Summer is almost done – are you ready for the fall?
How is it that the summer months are already almost over? Did you get to do everything you wanted to? Did you have some projects you wanted to get done and actually completed them? If you are anything like me, then you feel that maybe you wasted the...
The Affliction of Self-Incorporating
Despite what the internet may tell you, setting up a corporation yourself is not as good, or as simple, of an idea as you may think. We see it all the time, people fill out an online form, hit submit, and relish the simplicity of the process. Well, we are here to tell...
Court’s Fact-Finding Powers under Section 47 of the Construction Act (or lack thereof)
Construction Lien matters are on the rise with the downturn of the economy, so I’m taking my turn on the Blog to get super legal about how we can deal with liens quickly at times. Under s. 47 of the Construction Act, a claim for a lien can be discharged by way of...
Clarifying Breach of Contractual Duty of Honest Performance
The Supreme Court of Canada in 2020 highlighted the need for being honest in dealing with contractual relations. No more being Canadian and saying nothing when asked directly if a contract will be terminated, nope, you need to take a sip of your Tim’s and boldly...
Civility in Small Claims Litigation
Now that Small Claims Court is starting to pick up again, and hearings are finally being scheduled, (sometimes more than one a day!) I’ve noticed a lack of civility amongst legal professionals and litigants in general. For example, a client recently discovered they...
A Dangerous Use of an Emoji
Ever receive a text from someone and shoot back a thumbs-up emoji? What did you mean when you did that? Did you mean you received the text? Did you mean you agree with the text? Did you mean you accepted the terms of a contract you later breached and then were...
Making Hiring Easier
The thought of hiring someone for your business can be both exciting and stressful at the same time. Exciting in terms of seeing your business grow and employees grow with it, and stressful in terms of having to ensure you have your ducks in a row for hiring new...
The Capital Gains on Your Cottage
Do you have a family cottage – maybe one that’s been in the family for many years? Did you know that your cottage is not safe from capital gains? Yes, there really aren’t many assets left that we own that don’t attract some form of tax. Capital gains in this type of...
Turns out, you still can’t combine Breach of Trust Claims with Construction Lien Actions.
Before the 2017 amendments to the Construction Lien Act, now known as the Construction Act (the “Act”), the expressly prohibited certain types of actions from being joined with a Construction Lien action. Subsection 50(2) of the old legislation...
AI and the Legal Field
Artificial Intelligence (AI) has been a hot topic of conversation lately. AI has rapidly infiltrated many industries, and as an aspiring lawyer, I have been thinking about the implications of AI in the legal field. While AI undeniably has many benefits, such as...
Claims for Contribution and Indemnity and the Limitations Act
In Ontario, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered is the basic limitation period in Ontario and most jurisdictions. Recently, a client was sued and the claim was issued one...
Shareholder Liability
For years the standard advice of many business lawyers to clients about to incorporate has been to ensure they don’t own real property in their names. For many, this has meant transferring their interest in the home to their spouse. Recently, an alarm has gone off as...
Big Changes for Not for Profit Corporations
Much like the changes to the Ontario Business Registry that took place on October 19, 2021, the Ontario Not-For-Profit Corporations Act, 2010 (“ONCA”) was proclaimed that same day. What does this mean? If you are a not-for-profit or charity incorporated in...
Overtime Pay: Some Considerations
Although legislatively mandated, paying overtime to employees is rarely enjoyable for employers. Overtime pay is triggered when employees entitled to overtime pay under the Ontario Employment Standard Act, 2000 (the “Act”)work over 44 hours in one work week....
Adjudication under the new Construction Act
When Parliament introduced Bill 142, the Construction Lien Act Amendment Act, 2017, it introduced two new legal regimes, prompt payment rules, and mandatory adjudication to deal with contractor payment disputes. The new adjudication regime was designed...
Breathe
Last month’s Work/Life Balance meeting focused on meditation. Inga set us up with Wellness Mentor, Ceasar Barajas, to speak with our firm and give us some tools to help with meditation and mindfulness. Meditation has been practiced for thousands of years, with many...