Anderson v Anderson: The Enforceability of Kitchen Table Agreements
Amongst the profession, we often refer to domestic contracts prepared by the parties themselves without legal advice as “kitchen table agreements”. In May 2023, the Supreme Court of Canada rendered a decision in Anderson v Anderson, which dealt with the enforceability of a Separation Agreement prepared by the parties in Saskatchewan dividing property without financial […]
A Manner of Thinking: Employment Law – November 2023
A Manner of Thinking: Real Estate – November 2023
A Review of Power of Attorney Documents
What is a Power of Attorney document? A Power of Attorney is a legal document that authorizes someone else, known as your “attorney” to act on your behalf. There are two distinct Power of Attorney documents: the Power of Attorney for Property and the Power of Attorney for Personal Care. Power of Attorney for Property […]
Reviewing an Agreement of Purchase and Sale for a New Build Home
If you enter into an Agreement of Purchase and Sale to buy a new build home, your offer could be conditional on having your lawyer review the Agreement of Purchase and Sale. This means that, for a period of a few days after you sign the Agreement of Purchase and Sale, you can take the […]
Why is it Important to Have a Will?
Do I need a will? A short answer is most likely. If you possess assets of value, such as chequing or savings accounts, investments, a vehicle, a home, or any other valuable belongings (i.e., collectibles, heirloom items, art, wine, cigar, rugs), or if you have dependents, like children or pets, it is crucial to have […]
Resale Condominium Purchases: What is a Status Certificate, and Why Should Your Real Estate Lawyer Review It?
The Status Certificate is a document written by a condominium corporation that discloses certain financial, governance, and legal information about the condominium corporation and a specific unit that is part of the condominium corporation. The purpose of a Status Certificate is to give a potential buyer of a condominium unit important information about the condominium […]
Lawyer and Clerk
Notwithstanding that in Ontario they will have articled for 10 months, new calls to the bar have many things to think about in the first days and weeks after they start a related but much different job as a new associate. As much as articles may have offered to the development of comfort and confidence, […]
Beware of the Fixed Term Contract, Even When There is a Duty to Mitigate Damages
In a recent decision, Monterosso v Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal provided a stark reminder to the tune of half a million dollars to employers and contractors: beware of the fixed term contract and ensure your termination provisions are enforceable! The Court of Appeal upheld the lower court’s […]