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Posts
Business Law
- What Happens to Your Business if You are ‘Removed’?
- Can You Be in a Franchise Relationship Without Knowing It?
- Why Your Asset Purchase Agreement Should Be Well-Drafted – Part II
- Duty of Fair Dealing
- Personal Restrictions When Becoming A Franchisee
- The Importance of Partnership Agreements
- Two or More Guarantors on a Debt – What Can Go Wrong?
- Importance of the Due Diligence Process in Corporate Transactions
- Why Your Asset Purchase Agreement Should Be Well-Drafted
- Securities Laws – They Do Apply to Your Business!
- Wait, My Landlord Can Tell Me To Move?
- Big Changes to Corporate Privacy
- Contingency Planning in Business: Are You Prepared for the Unexpected?
- 3 Types of Funding for Your Business
- Transferring Business Ownership Through Succession Planning
- Must a Commercial Lease be in Writing?
- Assets vs Shares
- Personal Guarantees in a Corporation
- What’s in a Name?
- Executive Comp: Resolving Employment Issues for Executives
- New Corporate Records Obligations Imposed on CBCA Corporations
- Do You Need a Shareholder Agreement?
- Real Estate in Ontario — Will it Incorporate or Not?
- Other Sources of Liabilities for Directors
- Duties and Responsibilities of Directors Acting in a Duly Incorporated Corporation
- The Disclosure Document – What to Expect
- Franchising, Opening Day Jitters, & Getting Over the Hump
- The Location of Your Franchise is Important — Remember to Protect it
- Franchise Agreement Red Flags — Part Two
- Franchise Agreement Red Flags — Part One
- What is Creditor-Proofing?
- Good Faith in Contractual Negotiations and Performance – Civil vs Common Law
- Court Overturns Decision and Rules that Promissory Note is a Security
- Releases of Liability
- Mergers & Acquisitions Transactions – Provisions to be Considered (Part 2)
- Mergers & Acquisitions Transactions – Provisions to be Considered
- CSA Propose Amendments to Remove Prospectus and Registration Exemptions for Syndicated Mortgages
- OSC Makes New Rule On Distributions Outside Canada
- So You Want to Open a Franchise?
- The Decline of Door-to-Door Sales – Changes to the Ontario Consumer Protection Act
- Corporate Record Keeping Requirements
- Amendments to the Ontario Corporations Act
- Board of Directors: Is Gender Diversity Sufficient?
- Cryptocurrencies
- New Canadian Anti-Spam Legislation (CASL) Rules in Effect as of July 1, 2017
- Gym Memberships
- Ontario Scale Up Vouchers Program
- Not-for-Profit Corporations: It May be Time for You to Transition!
- Private Right Of Action Under Anti-Spam Law
- Is Your Promissory Note A Security?
- Ontario Adopts New Forfeited Corporate Property Act
- Equity Crowdfunding – How Is It Working
- Ontario Is Proposing To Repeal The Bulk Sales Act
- Does Your Company Need A SEDAR Profile?
- B Corporations – The Business World’s Version of ‘Certified Organic’
- Proposed Amendments to Franchise Legislation
- Crowdfunding those Benjamins!
- Incorporation of Realtors May Be a Possibility in the Near Future
- Canada’s Anti-Spam Law – One Year Later
Commercial Litigation
- Does the Failure to Obtain Financing Allow a Purchaser to Claim Frustration of Contract?
- The Pleading of Ulterior Motive
- Service Mold + Aerospace Inc. v Khalaf: The Court of Appeal Reviews Partial Summary Judgment and Discoverability
- Mason v Perras Mongenais: Partial Summary Judgment Revisited
- Private Loans
- For Whom the Limitation Period Tolls: Agreements under Section 11 of the Limitations Act
- General and Punitive Damages in Ontario
- Is an “Agreement to Agree” Enforceable?
- Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure
- Specific Performance for Commercial or Investment Properties?: The Court of Appeal Clarifies
- Ontario Court of Appeal Comments on the Duty of Honest Performance
- Minority Shareholders Have Rights Too
- You’ve been served…now what?
- Personal Liability for Corporate Misconduct
- Taking them at their word? The validity of verbal contracts
- Seeing Through Shell Corporations: The Court of Appeal Addresses Complex Fraud Cases
- Corporate Directors – The Duty of Care
- Examinations of Corporate Parties – Who is the mouth piece?
- Oppression: Divisional Court Upholds Liquidation to Resolve Shareholder Dispute
Disability Insurance Claims
- Can You Work and Still Collect Long-Term Disability Benefits
- The Importance of Long Term Disability Insurance
- What Disability Insurance May be Available To You
- Are You Facing a Long-term Disability?
Employment Law
- Employees Living with Cancer
- I’m on Salary. Does That Mean I Don’t Get Overtime?
- Affirmative Action in University Admissions – What We Can Learn from Harvard
- Severance Denied for Disabled Plaintiff
- Can I Get My Job Back?
- Termination Pay Pitfalls: What About Commission and Bonuses?
- Cheating, Lying, Impaired, Fraudster….Surely This is Just Cause for Termination?
- Executive Comp: Share Purchase Documents Prevail in Exec Wrongful Dismissal Litigation
- Employer Obligations To Provide A Healthy Workplace: Keeping Harmful Rhetoric Out
- Employer Human Rights Best Practices In Hiring And Retention
- When Human Rights are at Risk: Examining Current Events in Quebec and Alberta and Considering the Landscape at Home in Ontario
- “Extra Breathing Room”: Dangers And Benefits Of Extending The Probation Period
- Accommodating Breastfeeding at Work
- Can my employer sue me for quitting?
- Ontario’s Sex Education Curriculum: What Can the Law Do to Challenge a Government Policy Decision?
- Lay-offs: the Dangers of Shooting First and Asking Questions Later
- Uncomfortable Conversations — Politics, Religion, and the Terms of Your Employment Contract
- Matthews v Ocean Nutrition
- Business Owner’s Checklist for 2019: Posters/ Policies/ Plans – Are You Compliant?
- Case Management Developments in Employment and Human Rights Matters
- Are You Sure You’re Ready to Retire? Don’t Hand in Your Notice Early!
- Managing Marijuana at Work
- Drugs and Alcohol at Work – Addiction and Accommodation
- What is Required When a Fixed Term Contract has Expired?
- Dating and Harassment in a 21st Century Workplace
- The Man and the Mini-Horse in the Middle Office – Service Animals in the Workplace
- Higher wages, more vacation, more protected leave – what’s not to like?
- Establishment and Termination of Bargaining Rights in Ontario
- Terminations During the Probationary Period: Three Common Assumptions
- Having Faith
- Recent Decision on a Casual Worker’s Rights Surrounding Her Pregnancy
- Pregnancy-Related Discrimination
- The State Has No Place In The Bedroom Of The Nation… But Does Your Employer?
- How and when to talk to HR
- Finding the Right “Fit” on Fair Terms
- Updated Workplace Legal Obligations
- A Team Approach to Services
- Workplace Investigations – Best Used in Moderation?
- Suspending an Employee Indefinitely Without Pay May Amount to Constructive Dismissal
- How to Make Work a Return to Work from Medical Leave (and avoid human rights liability)
- The $10,000 Wage Recovery Cap Has Been Lifted
- Employer criminally charged over workplace safety obligation
- Letters of Reference – Bad Idea?
- Three New Job-Protected Leaves of Absence Take Effect October 29, 2014
- “Waiving” Goodbye: Can an Employer Waive the Employee’s notice of Resignation without Paying Any Indemnity?
- Notice for Employers: Accessibility Requirements must by completed by January 1, 2014
- Colleen Hoey quoted by The Globe and Mail on MP staffers’ confidentiality agreements
- Holiday Party Survival Guide for Employees and Employers
- A Quick Guide for Employers on Workplace Legal Obligations
- Mayor Rob Ford and Addictions in the Workplace
- How Enforceable are Non-Competition and Non-Solicitation Agreements in Employment Contracts?
- Working in Retail? Ontario is Trying to Protect Your Employment Rights.
- Ontario Providing More Support for Families
- Companies will be fined under Criminal Code if found liable for worker injury or death
- The Price of Breaking Promises in Settlement Agreements
- Wal-Mart Fires Employee – Pet Lovers Beware
- Double-check your emails before pushing “Send”! You might have an employment issue on your hands…
- Racist Facebook Comment About Co-Worker: Employees Can Be Liable for Actions Outside the Office
- Can you get fired for NOT taking your breaks?
- Starting a New Job? What to Consider When Reviewing Your Employment Contract.
- Laughter at the Workplace: Good Fun or Harassment?
- Jason Collins “Comes Out”: What are Employers’ Obligations Re: Sexual Orientation of Employees?
- Workplace Policies on Mobile Devices
- Employee’s Duty to Mitigate Damages
- Job Protection when Family Members are Sick or Terminally Ill
- Restrictive Covenants in Employment Contracts
- Privacy Protection in Workplace
- Human Rights Complaints in the Workplace
- Employers Must Accommodate Childcare Obligations
Family Law
- Jingle All the Way: Access Over Christmas
- What Is a Travel Consent and Do I Need One to Travel with My Child after Separation?
- Forcing the Sale of Real Property
- Marriage Contracts: Have You Signed Under Duress or Undue Influence?
- The Importance of the Valuation Date in a Separation and How It Is Determined
- Planning for the Unexpected: Selecting Guardians for Minor Children
- The Dos and Don’ts of Access Exchanges
- Mediation During Litigation
- How Long Do You Have to Bring a Claim to Set Aside a Marriage Contract?
- Mediation – Do I Really Need a Mediator AND a Lawyer?
- Offers To Settle in Court: A Sensible Strategy to Family Law
- The Family Pet: What Happens to Fido in a Separation?
- Do-It-Yourself Separation Agreements – A Cautionary Tale
- Financial Disclosure in a Separation: What You Need to Know
- Living Arrangements Following Separation: Can I Make My Spouse Leave the Matrimonial Home?
- The Family Responsibility Office and Support Payments
- Is There An End in Sight: Spousal Support
- Passage of Time and Parenting Arrangements: What Constitutes a Material Change in Circumstances?
- Ongoing Child Support for Children 18 and Over
- The Weight of the Office of the Children’s Lawyer (OCL)
- New Year, New Beginnings
- Is Your Personal Injury Settlement Protected in the Event of a Family Law Claim?
- “I Want the T.V.” — Dividing Household Items and Personal Belongings after a Separation
- Co-Parenting after Separation – Nesting Arrangements
- No-Fault Divorce: Timelines in the UK and Canada
- Separated, but still living together?
- Employment Expenses – Child Support Guidelines
- Technology and Family Law – How Technology Can Help You Co-Parent
- Improving Your Cash Flow – Tax Tip
- Estate Entitlements Upon Death: Does it Matter if You are Married?
- Occupation Rent
- How Do I Get A Divorce?
- Amendments to Family Law Legislation
- Separated or Divorced: What’s the Difference and Does it Matter?
- Estate Planning: How to Help Blended Families Avoid Conflict
- Married vs Unmarried: What’s Mine is Not Necessarily Yours
- Married vs Unmarried: Not All Spouses Are Equal
- Reminder: Check your Appeal Route
- Who Can Get Child Custody?
- The Canada Child Benefit and Separated Parents
- Why Lump Sum Spousal Support?
- What is Child Custody?
- Tax Adjustments for Retroactive Spousal Support Calculations
- What is arbitration?
- Mediation: Is it for You?
- How Do Intended Parents Become Legal Parents?
- A Sperm Donor or Dad? Case Comment: M.R.R. v. J.M. 2017 ONSC 2655
- Separating with Civility: Alternatives to Battling in Court
- Whose Ring is it Anyway?
- The Right of a Common Law Spouse to Occupy a Family Home Post-Separation When Not a Registered Owner
- Saying “I Do” To a Prenup
- Is it Legal to Pay a Surrogate?
- Travelling with Children Post-Separation – Tips for Smooth Sailing
- Imputing Income
- How Many Lawyers Does It Take?
- Estate Issues to Consider When Separating
- Traditional and Gestational Surrogacy
- Caught in the Middle – Children’s Voices in Disputes About Parenting
- Special and Extraordinary Expenses and How They’re Paid
- School Registration
- Securing Support with Life Insurance: The Dagg v. Cameron Estate Case
- Family Law on Gifts and Inheritances: Yours to Keep or Yours to Share?
- Social Media and Family Law
- When Parents Can’t Agree – What Next?
- Frequently Asked Questions about Step-Parent Adoptions
- Amendment to Legislation Gives Hope to Grandparents Seeking Access
- To Each His or Her Own Lawyer: Drafting a Cohabitation Agreement, Marriage Contract, or Separation Agreement
- My Partner and I are Separating – Now What?
- Fun in the Sun: Eight Ways to Help Deal with Access during the Summer Months
- Parents Beware: the Obligation to Encourage a Child to See the Other Parent Goes Beyond Lip Service
- Holiday Access for Separated Parents
- Recent Changes to the Universal Child Care Benefit and What It Means for You
- A Better Way to Separate? Collaborative Practice Offers an Alternative for Couples Who Want to Avoid Court
- Case Management Program Offered in Ottawa for Family Law Matters
- Tips and Considerations When Hiring a Lawyer
Personal Injury
- Adverse Costs Insurance – A Recoverable Disbursement
- My Pet was Injured Because of Someone Else’s Negligence – What are My Options?
- Halloween Safety Tips
- Time Limits to Dispute the Denial of Disability Claims
- What You Need to Know About Long-Term Disability Benefits
- No “Home Free” Defence for Commercial Host
- Voluntary Assumption of Risk
- The Elements Of Negligence
- One Boating Accident, Two Insurance Policies. Which One Pays?
- A Pothole Ate My Car
- Do Cyclists Have Legal Protection if Struck by a Vehicle?
- Review Your Car Insurance Policy as Part of Your Spring Cleaning!
- What is a Litigation Guardian?
- Historical Physical and Sexual Abuse Benefit from the Same Exemption Under the Limitations Act
- The Most Common Causes of Car Accidents in Canada
- Public Transit Accidents and Accident Benefits
- Public Transit Liability
- Ontario Automobile Insurance Reform
- Ontario’s New Distracted Driving Laws are Now in Effect
- Black Ice and Collisions
- Recent Ontario Court of Appeal Decision Regarding Victims of Motor Vehicle Accidents
- Time to Winterize Your Footwear
- 11 Ways to Avoid Common Winter Driving Mistakes
- The Motor Vehicle Accident Claims Fund (MVACF) in Ontario
- Test Driving a Car — Are You Covered in Case of a Car Accident?
- What is a Dog Owner’s Liability for Their Pet’s Actions?
- Brain Injuries and Motorcycle Accidents
- Boating Safety Tips
- A Few Important Things to Know About Boat Insurance
- Liability In Left Hand Turn Cases
- Off-Road Vehicle Accidents: Why You May Need Insurance
- The Use of Mediation in Personal Injury Cases
- Recreational Boating Liability
- Informed Consent and Medical Malpractice
- Cottage Ownership and Liability
- The Basics of a Medical Malpractice Case
- How to Minimize Motorcycle Safety Risks
- Steps in a Personal Injury Lawsuit
- How to Prepare for a Meeting with your Personal Injury Lawyer
- When Cars and Cyclists Collide
- Some Tips For Safe Cycling
- What is “Adverse Cost” Insurance and Do I Need It?
- Vicarious liability: You are liable for the actions of people who have “possession” of your vehicle with your “consent”.
- What To Ask When Hiring A Personal Injury Lawyer
- What to Do if You Are in a Car Accident
- What Is The Threshold And Who Meets It?
- Reduced Accident Benefits And Insurance Broker Liability
- Optional No-Fault Benefits: How Much Is Enough?
- Time To Consider Buying “Optional” No-Fault Benefits
- Ten Mistakes People Make When Dealing With Doctors After an Injury
- You were injured in a car accident in the USA, what should you do?
- Drone Operators Risk Criminal Charges & Lawsuits
- Slip And Fall Injuries
- Social Host Liability
- Leaving The Country This Winter? Do You Have Travel Insurance?
- Safety Tips for Winter Cycling
- Court Of Appeal Clarifies Collateral Benefits Issues
- Court Of Appeal Clarifies Pre-Judgment Interest Rate
- Changes to the Ontario Insurance Act that Will Directly Impact Your Auto Insurance Benefits
- Change in Pre- Judgment Interest: Retroactive or Not?
- The “Minor Injury” Guideline
- Changes to Statutory Accident Benefits
- Change in Pre-Judgment Interest Determined to be Retroactive
- Change in Pre-Judgment Interest Rate
- Vehicle Ownership – Liability is based on possession of vehicle
- Insurers – Bad Faith Negotiating
- Fernandes v. Penncorp Life Insurance – long-term disability
- Family Protection Endorsement – OPCF-44R
- Important Change to Motor Vehicle Accident Benefits
- FSCO Backlog means problems for injured persons in Ontario
- Recent Cost Award against Unsuccessful Plaintiff
- Victims of the OC Transpo/Via Rail crash and their families are eligible for Accident Benefits.
- Court Sends Message: Being Able to Work Doesn’t Necessarily Mean You’re Living a Normal Life…
- Motor Vehicle Accidents in Ontario
- When is a Minor Injury not a Minor Injury for Accident Benefit purposes?
Practice Management
- Skill Sets 3: The Gift of Time
- Skill Sets 2: Reading Often, Reading Well
- Skill Sets 1: Listening For the Spaces
- Collaboration
- Thrown from a Boat
- Summer School: Civility
- Built to Last
- The W5 of Mentorship
- Practice Management — Mentoring
Real Estate Law
- Wait, My Mortgage Is Still Registered On Title?
- Thinking About “Just Adding a Name” to Your Title? Think Again.
- What You Need to Know about Builder Deals
- The Importance of a Financing Condition
- I Need a Permit For That?
- Want to Buy a Condo, But Not Sure How It Works?
- Real Estate Agreement of Purchase and Sale Clauses
- Tips for Working with a Lawyer on a Real Estate Transaction
- What Happens if My Sale Does Not Close?
- Common Real Estate Terms and Definitions
- Recreational Cannabis Has Arrived – What Residential Landlords Need to Know
- Why Do I Need a Status Certificate When Purchasing a Condominium?
- Title – What’s on Your Deed
- Bought a home? Here are a few things to do before moving in.
- Can’t afford to buy alone? Consider buying a home with a friend.
- The termination of tenancy by a landlord for personal or family use
- What do the new mortgage qualification rules mean for those looking to buy a home?
- New Requirements for Ontario Corporations Relating to Land/Building Ownership
- Thinking of Buying a Cottage?
- Municipal Land Transfer Tax Will Not Expand Beyond Toronto
- Thinking of Buying Your First Home?
Wills and Estates Law
- Do Banks Freeze Your Accounts on Death?
- Estate Planning for Your Pets In Ontario
- Planning for the Family Cottage
- Who Gets the Grandfather Clock?
- Who is Entitled to See the Will?
- Social Media, Digital Assets and Estate Planning
- Providing for Disabled Beneficiaries: The Supreme Court of Canada and Henson Trusts
- The Relevance of Capacity to a Will
- Formal Validity of Wills
- Living Will and the Last Will and Testament – Do You Know the Difference?
- Transferring Assets into Joint Names and the Impact on Estate Planning
- Standby Guardianship in Canada
- Common Estate Costs
- Ontario Superior Court Case — Probate Fees and Double Wills
- Packing for Your Vacation 101
- Global Connections and their Impact on Estate Planning
- Demystifying Powers of Attorney: Powers of Attorney for Personal Care
- Demystifying Powers of Attorney: Powers of Attorney for Property
- Duties of an Estate Trustee
- Packing for School? Don’t Forget Your Powers of Attorney
- Caring for Dependent Children: Protecting Their Rights and Yours
- What Are Digital Assets and How Are They Handled Upon Death
- Estate Trustee Compensation
- To Probate or Not to Probate – An Overview of the Probate Process
- Double Wills – Primary (Public Asset Will) and Secondary (Private Asset Will)
- Estate Planning for Entrepreneurs
- Do I Really Need a Lawyer To Prepare My Will?
- D.N.R. Tattoo – to Resuscitate or Not to Resuscitate?
- What is a Will and What Happens If I Don’t Have One?
- Things to Consider when Appointing an Estate Trustee
- Are Your Affairs in Order? A Few Resolutions to Help You Out…
- “Mutual Wills vs. Reciprocal Wills” When is a will more than a will?
- Islamic Wills in Ontario
- Why piece meal planning is dangerous!
- When is a Will not a Will?
- Changes to the Estate Administration Tax Regime
- How will the “right to die” impact the Power of Attorney?
- Preparing a Power of Attorney for Personal Care
- Supreme Court of Canada Decision on Accessing Assistance
- Health Care Decision Making: Powers of Attorney for Personal Care
