Construction Law Issues with Brett Hodgins

This episode is an intersection between environmental law and construction law.  Host Cheryl Gerhardt McLuckie speaks with colleague Brett Hodgins, a member of Commercial Litigation and Construction Law teams, about an interim adjudication system, a prompt payment system and construction lien remedies. For further information, you can read Brett’s blog posts on prompt payment provisions […]

Child-Inclusive Separation: Do Children Have a Voice?

The short answer is yes. The long answer is, it’s complicated. Children have a legal right to be heard and listened to according to the United Nations Convention on the Rights of the Child, specifically article 3 and 12. Whether their voice can lead to them having choices, that is where it can get complicated. […]

City of Ottawa Imposes Vacant Unit Tax

What is it? As of January 1st 2023, The City of Ottawa requires all eligible property owners to declare the vacancy status of their homes. A unit is considered vacant if it was not used as a principal residence and has been unoccupied for more than 184 days in the previous calendar year. The Annual […]

The Limits on Conditional Gifts in Wills

Testamentary freedom allows testators to “rule from the grave” by controlling the disposition of their assets upon death. As an exercise of this freedom, testators may choose to place conditions on any bequests made in their will, which the intended beneficiary must then satisfy to receive or remain entitled to their gift. Testators may choose […]

Try Not to Worry About Being Anxious

“If you don’t know, the thing to do is not to get scared, but to learn.”  Ayn Rand, Atlas Shrugged It is what it is We lawyers have many things in common, including the following: at some time in our professional lives, we will all experience some form of nervousness, fear, or anxiety (hereinafter referred […]

Mediation 101

You have made the decision to separate from your partner. Now what? You have a house, a pension, maybe you have children, debts, and an inheritance.  You have most likely heard nightmare divorce stories from your friends and families, including long court battles, significant delays, and excessive lawyer fees.  All of this, combined with the […]

Ontario Proceeds with Changes to Wetland Evaluation 

The Ontario government has moved ahead with changes to the Ontario Wetland Evaluation System in support of Bill 23, More Homes Built Faster Act, 2022.  The changes came into effect on January 1, 2023, despite opposition from conservation groups and authorities and concerns raised by the province’s Auditor General.  The proposed changes generated approximately 15,000 […]

Year in Review – Employment Law Cases From 2022

While each of these cases could have its own blog post, we have decided to create a list of important cases for employers to be aware of from 2022 progressing into 2023. The result is that this post will be an extra-long post packed with exciting information for those employment law connoisseurs. Discretionary Bonus Clauses […]

Have You Been Constructively Dismissed? Maybe Not.

Constructive Dismissal is an incredibly important protection for Ontario employees – one that is often used successfully to enforce employment rights. If you ask members of the Ottawa and Toronto employment bar (and Ontario generally), they are likely to confirm that there has been an influx of people alleging Constructive Dismissal in the past decade. […]