Make Sure You Understand Your Lender’s Conditions When Purchasing a Property
In a previous blog, I discussed the importance of having a financing condition when buying a property. While the focus of most people is on the terms of the mortgage (i.e. interest rate, pre-payment conditions, length of the term, etc…) and the appraisal confirming the value of the property, lenders will often impose additional conditions […]
Lack of a Positive COVID-19 Test and Long-Term Disability Benefits
CTV News recently did a story noting that the Omicron variant is causing a rapid increase in COVID-19 cases and hospitalizations while, at the same time, the guidelines for who can get a PCR test have been tightened, and rapid tests are almost impossible to come by. This raises the question: If you get sick […]
Skills Set # 24: Recruiting Us
Arthur Ashe is credited with saying that one important key to success is self-confidence, and that another important key to self-confidence is preparation. Whether he actually said this or not, he is right. Preparation is where you begin to realize your ambition to accept a summer position with a law firm that will give you […]
How Can Workers “Get Rid of the Union”?
Not all Unions are created equal and not all Unions treat their members equitably. As labour lawyers, we often receive calls from employees who are curious about how to “get rid of the Union”. This is possible, but only in narrow circumstances in a process called “decertification”. “Decertification” is the mirror image of “certification”. In […]
Loved Ones May Be Moved More Easily Than Their POA Documents
We often focus on our client’s particular circumstances and assets when we meet to discuss estate planning. A topic that should not be overlooked is a client’s appointment and responsibility for others under powers of attorney for care and or property. Given the times we live in it is often the case that family members […]
Noting Suspicious Circumstances
In the case of a will, suspicious circumstances questioning capacity may be (1) circumstances surrounding the preparation of the will, (2) circumstances tending to call into question the capacity of the testator, or (3) circumstances tending to show that the free will of the testator was overborne by acts of coercion or fraud. (See Vout […]
Interpreting Releases
In a decision released on July 23, 2021 the Supreme Court of Canada replaced the rule in Blackmore with the standard contractual interpretation principles. Corner Brook (City) v. Bailey represents a major change in how Releases are to be interpreted. The Rule in Blackmore In 1870, the Blackmore rule established that the general words in […]
Regulatory Reorganization Establishes the College of Patent Agents and Trademark Agents
The regulatory and legal framework for Patent and Trademark agents underwent considerable reform this past summer. On June 28th, 2021, the College of Patent Agents and Trademark Agents Act (the “Act”) came into force. The Act institutes a new professional regulatory College. The Act’s purpose is to “regulate patent agents and trademark agents in the […]
Substance Over Form: Are the Less Discussed Provisions of Bill 27, Working for Workers Act, 2021, More Likely to Impact the Quality of Employment in Ontario?
On December 2, 2021, Bill 27, Working for Workers Act, 2021, (“WFWA”) received Royal Assent, becoming law in Ontario. This omnibus piece of legislation amended multiple statutes. Media Focus Some of the ESA amendments found in the WFWA gained most of the media’s attention. The ESA has historically been politicized in Ontario and its amendments […]