Friday, October 23, 2020James CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy

In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

Read the full post, click here.

Wednesday, October 21, 2020Lad KucisLitigation, Health LawCOVID-19, Retirement Homes , Bill 218, Supporting Ontario’s Recovery Act, 2020

On October 20, 2020, the Ontario Government introduced Bill 218, Supporting Ontario’s Recovery Act, 2020, which if passed, would...

Read the full post, click here.

Tuesday, October 20, 2020James CookLitigation, Real EstateOntario Superior Court of Justice , Agreement of Purchase and Sale, Damages

In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...

Read the full post, click here.

Wednesday, October 14, 2020James CookLitigation, Real EstateFlooding, Ontario Superior Court of Justice , Termination, Damages

In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...

Read the full post, click here.

Friday, October 9, 2020James CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry

In Paleshi Motors Limited v. Woolwich (Township), 2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

Read the full post, click here.

Wednesday, October 7, 2020Stephen A. Thiele, James CookLitigation, Insurance ActCOVID-19, Business Interruption Loss Policy

As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic, businesses in multiple sectors continue to seek compensation from their...

Read the full post, click here.

Monday, October 5, 2020James CookLitigation, Real EstateOntario Court of Appeal , Development, Ontario, Restrictive Covenant, Land Title Act

A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...

Read the full post, click here.

Thursday, September 24, 2020James CookLitigation, Real EstateDefamation, Online Review, Anti-SLAPP Legislation

In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...

Read the full post, click here.

Monday, September 21, 2020Stephen A. Thiele, James CookLitigation, Bankruptcy and Insolvency, Insolvency law, Insurance ActCOVID-19, Ontario, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Prevention of Access Clauses , Disease Clauses, Financial Conduct Authority

The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or...

Read the full post, click here.

Monday, September 14, 2020James CookLitigation, Real EstateDefamation, Small Claims Court, libel, slander

A dispute between two neighbours over a fence led to a $70,000 judgment against an online activist who posted defamatory comments about one of the...

Read the full post, click here.

Friday, September 4, 2020James CookLitigation, Real EstateCottage Country, Right-of-way Access , Lake Waseosa

In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property...

Read the full post, click here.

Wednesday, September 2, 2020James CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages

The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...

Read the full post, click here.

Monday, August 31, 2020James CookLitigation, Real EstateIrrevocability Clause, Contract Law, Toronto

In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...

Read the full post, click here.

Monday, August 17, 2020James CookLitigationComplaints, Defamation, Anti-SLAPP Legislation, Online Review, Courts of Justice Act

Consider a time when you had a terrible customer service experience while shopping, going to the dentist, or grabbing a bite to eat with some friends. Perhaps you felt sufficiently motivated to post a negative...

Read the full post, click here.

Thursday, July 30, 2020Lindsay Ann Histrop, Simon CheungCorporate Law, Tax and Estate PlanningIncome Splitting, Tax Savings

In this blog we will explain how you may be able to benefit from a 1% prescribed-rate loan to split income with certain family members who are taxed at a lower marginal rate.

Read the full post, click here.

Monday, June 29, 2020John A. Campion, Jonathan James NehmetallahLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements

On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses in an employment agreement and whether that could...

Read the full post, click here.

Friday, June 19, 2020Stephen A. Thiele, Gavin J. TigheLitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government

In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”. 

Read the full post, click here.

Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationRules of Professional Conduct, Small Claims Court, Short Motions

As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.

Read the full post, click here.

Wednesday, June 3, 2020Kenneth Jull, Jonathan James NehmetallahLitigation, Competition ActCompliance, Advertising, Administrative Monetary Penalty

On May 19, 2020 the Competition Bureau announced that Facebook Inc. will pay a $9 million administrative monetary penalty (“AMP”), and an additional $500,000 for the costs of the Bureau’s investigation, after...

Read the full post, click here.

Thursday, May 14, 2020Lindsay Ann Histrop, Simon Cheung, Jennifer SearleTax and Estate Planning, Business Law, Corporate LawCOVID-19, State of Emergency, Powers of Attorney, Wills, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act

The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with our technological world.

On May 12, 2020, the Ontario government passed Bill 190, the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.

Read the full post, click here.

Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationCOVID-19, Ontario Government, Ontario, State of Emergency

With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...

Read the full post, click here.

Wednesday, May 6, 2020Arlene O'Neill, Evert Van WoudenbergCorporate Law, Insolvency lawCOVID-19, Insurance Policy, Business Interruption Loss Policy

As Ontario enters another month of a government ordered lockdown of the economy because of the worldwide COVID-19 health emergency, businesses continue to struggle as they see their revenues and profits plummet. In some cases...

Read the full post, click here.

Monday, April 27, 2020James CookLitigation, Real EstateCOVID-19, Coronavirus, Ontario

In Ontario regular civil court operations have been largely suspended since mid-March 2020 due to the COVID-19 pandemic. One consequence of this has been the temporary postponement of...

Read the full post, click here.

Monday, April 27, 2020Lindsay Ann Histrop, Simon CheungTax Law, Tax and Estate Planning, Corporate LawCapital Gains, Capital Losses, Income Splitting, Prescribed Rate Loan Structure

The recent decline in financial markets may present opportunities to obtain refunds of tax paid in prior years. They may also present opportunities for income-splitting if...

Read the full post, click here.

Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency

Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic. 

Read the full post, click here.

Thursday, April 16, 2020Arlene O'Neill, Kathleen SkerrettCorporate Law, Business Law, Securities Law, Tax LawDirectors and Officers Liability, Directors and Officers Insurance Coverage, HST/GST

With the COVID-19 health emergency continuing for a least another month in Ontario and non-essential businesses remaining closed, directors and officers must continue to remain focused of their duties and to protect the companies they serve as a director or officer and themselves from potential liability.

Read the full post, click here.

Monday, April 13, 2020Lindsay Ann HistropCorporate Law, Estate PlanningWills, Powers of Attorney, Succession Law Reform Act, Substitute Decisions Act, COVID-19

As the COVID-19 health emergency continues to create financial uncertainty because of the shutdown of non-essential businesses, layoffs and reductions in pay, it is understandable that people are concerned about...

Read the full post, click here.

Monday, April 13, 2020William S. Bernstein, Lorne Saltman, James M. Parks, Greg Farano, Lindsay Ann HistropCorporate Law, Estate Planning, Income Tax Act, Tax and Estate Planning, Tax LawWills, Estate Freeze, COVID-19

COVID-19 has resulted in significant decreases to the value of many assets, including marketable securities, private businesses and real estate. This provides an opportunity to implement an estate freeze at low values, which allows for future savings in income tax.

Read the full post, click here.

Wednesday, April 8, 2020Soma Ray-EllisLitigation, Employment LawCanada Emergency Wage Subsidy, Not-for-Profit/Charities, COVID-19

On April 8, 2020, the federal government announced that it was making a significant change to the Canada Emergency Wage Subsidy program that it had previously announced on March 30, 2020.

Read the full post, click here.

Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), Canada Revenue Agency (CRA)

On Friday, April 3rd, 2020, the Government of Canada released a comprehensive question and answer resource on the Canada Emergency Response Benefit. Specifically, eligibility requirements and the application process was clarified

Read the full post, click here.

Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employer, Employee, Employment Agreements, Employment Standards Amendment Act

The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.

Read the full post, click here.

Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Ontario, Infectious Diseases, Infectious Diseases Emergencies, Healthcare

On April 3, 2020, the Ontario government expanded the list of non-essential businesses that will be required to close while the province courageously battles to control the spread of COVID-19.

Under Regulation 82/20, the Ontario government had previously provided a list of businesses that it had deemed essential and that could remain open during the current health emergency.

Read the full post, click here.

Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law

In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...

Read the full post, click here.

Thursday, April 2, 2020Stephen A. ThieleLitigation, Business LawLayoffs, COVID-19, Coronavirus, Wage Subsidy, Work-Sharing Program Extensions, Workplace Safety and Insurance Board (WSIB), Business Credit Availability Program (BCAP)

This blog will provide an overview of the most significant federal and provincial relief measures to assist businesses and entrepreneurs in the face of the unique and pressing challenges presented by the current COVID-19 pandemic.

Read the full post, click here.

Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Ontario, Safety, Wrongful Dismissal, COVID-19, Coronavirus, Infectious Diseases, Infectious Diseases Emergencies, Ontario Government, Bill 186

On March 19, 2020, the Ontario Government introduced the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, which amends the Employment Standards Act, 2000, to protect the jobs of employees who...

Read the full post, click here.

Wednesday, March 11, 2020James CookLitigation, Real EstateZombie Deed, Probate, Land Registry

Absent a sequel by way of appeal, the Ontario Superior Court of Justice may have struck the final blow to the head of “zombie deeds”. A “zombie deed” generally refers to...

Read the full post, click here.

Wednesday, January 29, 2020James CookLitigation, Real Estate, Land Use Regulation, Land Titles ActCosts, Ontario

Can the location of an outhouse grant title to a portion of the neighbour’s land? This was the smelly issue facing the Court in a matter that went through a seven day trial followed by a recent trip to...

Read the full post, click here.

Wednesday, January 22, 2020Lad KucisHealth Law, LitigationCollege of Veterinarians of Ontario, Veterinarians, Disciplinary Hearing, Complaints

As legal counsel for veterinarians, we are regularly asked questions about the complaints process before the College of Veterinarians of Ontario (the “College”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential...

Read the full post, click here.