Nuisances, Annoyances, Disruptions – Oh, My: Condominium Authority Tribunal’s Jurisdiction is Expanding January 1st 2022
Changes to the Condominium Act, 1998 (Condo Act) have been pending for some time now, however, the wait seems to be over according to an announcement by the provincial government; some amendments to the Condo Act will come into force in a mere few months on January 1, 2022. The most noteworthy amendments deal with […]
To be Conditional or Not (When it Comes to Your Power of Attorney for Property)
In Ontario, the Substitute Decisions Act establishes two distinct powers of attorney: the Power of Attorney for Personal Care and the Power of Attorney for Property. A power of attorney for personal care takes effect if you become mentally incapable of making your own personal care decisions. In other words, the attorney cannot make personal […]
Family Law in the Digital Age: Equalization and Digital Assets
The world of digital assets is always expanding and evolving. Digital assets include anything from photos and videos to data accounts and cryptocurrency. The new kid on the digital asset block are NFTs or non-fungible tokens. While some of these types of digital assets may not be familiar to the mainstream yet, family lawyers need […]
A New Twist on Make a Will Month – Why NOT Make a Will??
As you may know, November is “Make a Will Month” in Ontario – a push to have Ontarians get their affairs in order, whether they are 18 or 88. We lawyers are always anxious to explain why one needs a will – and powers of attorney – although I think the reasons are obvious to […]
Ottawa’s New Binding Judicial Dispute Resolution in Family Law
November 1, 2021 marks the start of a new pilot project at the Ottawa Superior Court of Justice, Family Court Branch, called Binding Judicial Dispute Resolution (“JDR”). This pilot is meant to streamline the litigation system for families. It will allow litigating parties to opt into this process, providing a quicker, more cost-efficient way to […]
What Happens in Ontario May Stay in Ontario: Previous Regulatory Convictions May be Weighed During Sentencing for Subsequent OHSA Convictions
Convictions for breaches of the Occupational Health and Safety Act (OHSA) often lead to large fines for both corporate and individual defendants. Additionally, for individual defendants, OHSA convictions may lead to time in jail time if the statutory breaches at issue include substantial aggravating factors. How do courts decide when a certain fine is just […]
Covid-19 Confusion Continues: Recent Superior Court Decision Discusses Lay-Offs Longer than 35 Weeks
Generally, the Employment Standards Act, 2000 (“ESA”) has been interpreted to protect non-unionized employees from “temporary” lay offs unless their employment contract permits such a lay-off. Fundamentally, temporary means less than 13 weeks (within a 20-week period) without pay or 13-35 weeks (within a 52-week period) with pay. If a contract of employment does not […]
Launch of the New Ontario Business Registry
On October 19, 2021, the new Ontario Business Registry System launched. This new online registry now enables businesses and not-for-profit corporations to directly access services of the Ontario government 24 hours a day and 365 days a year, and complete approximately 90 transactions, such as registering a new business, dissolving an existing business, incorporating a […]
Divisional Court Finds Government Acted Unlawfully in Failing to Give Notice of Proposed Amendments
In the decision of Greenpeace Canada (2471256 Canada Inc. v. Ontario (Minister of the Environment, Conservation and Parks), 2021 ONSC 4521, released September 3, 2021, the Ontario Divisional Court found that the failure of the Minister of Municipal Affairs to post proposed amendments to s. 47 of the Planning Act to the Environmental Registry of […]