Our Take On Things
Motions to Set Aside a Noting in Default or Default Judgment
Occasionally, clients will only become aware of a matter after they have been noted in default or judgment was obtained against them. Things happen, and things are missed. The first thing a Defendant should do is to reach out to the Plaintiff or their...
Keep the clock ticking!
When it comes to preserving your right to sue on a debt, understanding acknowledgments and what they entail under The Limitation Act, 2002, S.O. 2002, Chapter 24, Schedule B is important. It is well known that, under The Limitation Act, a two-year basic Limitation...
How does your workspace make you feel?
I don’t know if it’s just me, or if it’s everyone, but do you feel more tired than normal? Summer weather lasted longer and fall weather made a strong appearance. Is that what is making us feel tired? I’ve had to sit back and evaluate why this may...
Don’t Under Your Lawyer? That’s on Them Copy
I recently listened to a podcast where the owner of a multi-million dollar business broke down because they had spent a day with their lawyers the past week and walked away feeling stupid because they didn’t understand what was being discussed. My takeaway from that:...
Don’t Under Your Lawyer? That’s on Them
I recently listened to a podcast where the owner of a multi-million dollar business broke down because they had spent a day with their lawyers the past week and walked away feeling stupid because they didn’t understand what was being discussed. My takeaway from that:...
Lost in Translation
Ever tried reading a contract and wished you had a translator to turn legal gibberish into plain English? It turns out there are actual jobs for that! They’re called “lawyers” Okay, maybe not the big reveal we anticipated. Business contracts can be dense,...
The Small Claims Court Trial
So, you have a Trial date scheduled. What now? At least thirty days prior to the Trial date, all documents the parties plan to rely upon should be served on the opposing party and Court. Usually, documents that haven’t been served cannot be introduced as...
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...