Our Take On Things
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...
Make Sure Your Business Names Are Registered
A new client was sued personally a while back and didn’t know why. They advised that they carried on business through their numbered company, so they were confused to discover their personal name on the Plaintiff’s Claim, and not their business. When we asked for them...
Commercial Leasing – Don’t Go to a Lawyer Last
Renting Commercial property is confusing to many people and the consequences of not understanding it can be very expense. The Residential Tenancies Act doesn’t generally apply to Commercial Property. This means that the Landlord and Tenant Tribunal doesn’t deal...
The Power of the NDA
If you’ve ever watched the Good Wife, Suits, or literally any other legal drama, you have heard of the notorious “NDA.” You may not know what it means or why it’s important, but chances are you’ve heard this particular abbreviation in passing. “NDA”, which...
Don’t Wait Too Long to Get Paid
The end of 2022 and beginning of 2023 were really hard on people. The cost of everything was going up (did you see the price of lettuce?) and people were struggling to keep a steady income. How are businesses now coping? We always notice when companies are...
Should Mediation be Mandatory?
This is the thought I had this morning while reading through a mediation memo from the opposing side that was clearly written over a standard fill-in-the-blank precedent. It was also clear to me that this particular precedent had not been reviewed by an actual lawyer...
Just Say NO!
For this month’s Work/Life Balance meeting, our topic was the importance of being able to say no in the workplace. At work, we often feel the pressure to take on as much as we can, but we very seldom stop to reflect on why that is. We don’t want to feel like we’re not...
When it all goes wrong
So I ordered Starbucks for the firm on the day I’m writing this. The only coffee that actually made it to the firm was the one for me. So that was nice. Not. Sigh. Re-ordered from a different location – the location cancelled the order. ...
Is It Time to Incorporate?
Thinking of starting a new business? Maybe you’ve been operating as a sole proprietor? Well, it may be time for you to consider setting up a corporation. A corporation is a legal entity where the corporation directly holds assets, rather than the owners. Owners of...
Are you too busy to know your value?
This is a very loaded question. There have been times in the office when I’ve been told “your time is worth more”. This statement makes me pause to think about what I’m actually worth. Not just professionally, but also outside the office. Most...