When Should I Renew My Will?
Lawyers are often asked “when should I renew my Will?”, or “how long does my Will last for?”. While the answer may seem simple, it is typically misunderstood by, or unknown to, the average person. A Will is a legal document, that allows you to set out wishes pertaining to your Estate and how it […]
No Doubling Down: Staying Duplicative Provincial Offences Act Charges
Both in my commercial and employment litigation practice, I encounter Ontario business owners faced with serious charges laid against them under the Provincial Offences Act (“POA”). These charges usually stem from breaching the “Offences” provisions in statutes such as the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, Technical Standards and Safety Act, 2000, […]
The World of Commercial Leasing with Neil Schwartz, Marina Abrosimov and Jeff Daniels
This episode of A Manner of Speaking covers the wonderful world of commercial leasing and features host Neil Schwartz’s business law colleague Marina Abrosimov and the one (and only?) Jeff Daniels – no, not the Hollywood celebrity, but the one from Royal Lepage, an A-lister in Ottawa’s commercial real estate market. Among the important topics they discuss: commercial leasing trends across various […]
The Supreme Court of Canada Rules that Informal Separation Agreements Between Spouses Carry Weight
The recent Supreme Court of Canada decision in Anderson v. Anderson, 2023 SCC 13, provides guidance on domestic contracts and the enforceability of an informal separation agreement between spouses. The Supreme Court noted that “On the one hand, individual autonomy to settle domestic affairs should be encouraged, as parties are generally better positioned than courts […]
Environmental Concerns in Residential Real Estate
When many people think of contaminated sites, they think of the usual suspects such as industrial properties and gas stations. They may not think of environmental problems affecting residential properties, but they do. When looking to purchase a home, buyers should consider whether the property may have any environmental risks. These risks may include, but […]
Preparing Your Business For Sale
Often business owners reach a point where they are considering the sale of their business either through the sale of shares or the sale of assets to a third party. Perhaps you receive an enquiry to purchase your business from a competitor, supplier or one of your key employees or you are contemplating retirement and […]
An Update on the Tort of Family Violence
Overview of Tort Claims in Family Matters Tort claims can be made in family law matters, so as to prevent a multiplicity of proceedings and to promote efficiency and convenience. An existing civil claim may be combined on motion with a family matter pursuant to rule 12(5) of the Family Law Rules. You may also […]
A Manner of Thinking: Estate Litigation – April 2023
Termination Clause Unenforceable Due to Change in Responsibilities
In a case that recently was decided from the Court of Appeal of Ontario called Celestini v Shoplogix Inc., 2023 ONCA 131, the Court had to determine whether or not a termination clause within an old contract could be invalidated based on a change to an employee’s position in the organization even though there had […]