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22 Aug

Cottage Country Access Lessons

Tuesday, August 22, 2017James CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation

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With the 2017 summer cottage season winding down, a recent case involving sparing neighbours reminds us of the importance of ensuring you have some form of legalized road access to your rural retreat.

Brown v Savage, 2017 ONSC 4357, involved two waterfront properties on Buckham’s Bay on the Ottawa River...

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16 Aug

CASL - Private Right of Action Suspended

Wednesday, August 16, 2017Catherine CarscallenCorporate Law, Privacy LawAnti-Spam, CASL

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July 1, 2017 was slated to be the date when a “private right of action” under Canada’s anti-spam legislation (CASL) was scheduled to come into force. This private right of action was...  

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15 Aug

Where will marijuana laws end up?

Tuesday, August 15, 2017Stephen A. ThieleLitigationMarijuana, General Interest, Ontario, Mental Health

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As Canada prepares to legalize marijuana next July, questions remain about the restrictions that will be put on this drug.

In a recent position paper released by the Ontario wing of the Canadian Metal Health Association, it is...

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31 Jul

Responsive Market Regulation – Comments on 2017 OSC Paper

Monday, July 31, 2017Heather ZordelCorporate Law, Securities Law, Securities Regulation, Capital MarketsOntario Securities Commission, Education

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In a world where money flows rapidly between established markets and a growing number of innovative markets in multiple jurisdictions, it is an increasing challenge for regulators to “keep up” with...

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26 Jul

Are Contracts for Probationary Employees Enforceable: The Ontario Court of Appeal in Nagribianko v. Select Wine Merchants Ltd.

Wednesday, July 26, 2017Stephanie ClarkLitigation, Employment Law, Employment Standards ActEmployment Agreements, Reasonable Notice, Ontario

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Employers often rely on a probationary period to determine whether a new employee is suitable for an employment position. If an employer determines that an employee is...

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18 Jul

Keep it Simple and Safe – Explaining the new-found popularity of the SAFE

Tuesday, July 18, 2017George ToryCorporate Law, Securities Law, Business LawIPO, Investor Agreements, Preferred Shares

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If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.  

Not for a SAFE.

In the case of a SAFE, or a ...

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5 Jul

Is Canada Day celebration controversy worth breach of contract claim?

Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day

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On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...

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14 Jun

Failure to comply with ESA minimums can be fatal…

Wednesday, June 14, 2017Bryan SkolnikLitigation, Employment LawEmployment Agreements, Termination

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At the time of an employee’s termination, the most crucial clause is typically that relating to the employee’s entitlement upon a...

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7 Jun

Bill 139 - Ignoring Conservation Authorities Will Cost You

Wednesday, June 7, 2017Jonathan WigleyLitigation, Environmental Law, Municipal Law, Conservation, Administrative Law, Criminal LawConservation Authority, Bill 139, Prosecutions, Search and Seizure

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The Ontario government introduced Bill 139 on May 30, 2017 called the Building Better Communities and Conserving Watersheds Act, 2017. This bill is an amalgam of changes to various pieces of...

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31 May

Righting the Apple Cart. Conservation Authorities

Wednesday, May 31, 2017Jonathan WigleyEnvironmental Law, Municipal Law, Conservation, Administrative Law, LitigationConservation Authority, Safety, Standard of Review, Flooding, Development, Prohibition

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Conservation Authorities (“CAs”) in Ontario are breathing a bit easier following the May 23rd 2017 decision of the Court of Appeal in...

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24 May

The Supreme Court of Canada Strengthens the Judgment Creditor Tool Box

Wednesday, May 24, 2017Scott GfellerLitigation, Privacy LawSupreme Court of Canada, Rules of Civil Procedure

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Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when...

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9 May

Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291

Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure

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Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...

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19 Apr

The “People’s Court”: Now By Online Civil Resolution Tribunal?

Wednesday, April 19, 2017Dara HirbodLitigation, Civil LawSmall Claims Court, Civil Resolution Tribunal, Ontario, British Columbia

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The Ontario Small Claims Court is often referred to as the “People’s Court”. The colloquial title has even been adopted by Ontario’s Ministry of the Attorney General. The People’s Court is designed to... 

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12 Apr

Appealing to the Supreme Court of Canada from a Refusal of Leave to Appeal by a Provincial Court of Appeal

Wednesday, April 12, 2017Ian A. BlueLitigationLiquor Control Act, Constitution Act, Alcohol, New Brunswick, Supreme Court of Canada

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Readers may recall that in R. v. Comeau, 2016 NBPC 3 in which we are acting for M. Comeau, the New Brunswick provincial court...

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5 Apr

Take Me to the Water: the baptism of bankruptcy and student debt write-offs

Wednesday, April 5, 2017Tim DuncanBankruptcy and Insolvency, LitigationPolitics, Budget, Finance

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A few weeks ago, I decided to take a break from reading cases, arguments and alternative arguments to peruse the news (read: basket-cases, facts and “alternative facts”) instead.

Amongst other things, I learned that the federal government is this year planning to write off approximately...

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29 Mar

Mortgage Fraud: Who Has Priority In A Dispute?

Wednesday, March 29, 2017James CookLand Titles Act, LitigationMortgage Fraud

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A recent Ontario Divisional Court decision, CIBC Mortgages Inc. v Computershare Trust Company of Canada, 2016 ONSC 7094...

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22 Mar

House Party Drunkenness: Should Parents Be Liable For Catastrophic Injuries Suffered By Guests?

Wednesday, March 22, 2017Gavin J. TigheLitigationCivil Liability, Summary Judgment, Alcohol, Beer Pong

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The recent decision of Hon. Justice Wendy Matheson of the Ontario Superior Court of Justice in Wardak v. Froom, 2017 ONSC 1166 has certainly caused a media sensation and sent tongues wagging...

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15 Mar

Missing Comma May Prove Costly

Wednesday, March 15, 2017Stephen A. ThieleLitigationGeneral Interest

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Good legal writing is an important skill.

The failure to properly draft a contract or a legislative provision can have significant...

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8 Mar

Pitfalls in Termination Clauses

Wednesday, March 8, 2017Jonathan WigleyEmployment Law, LitigationTermination, Reasonable Notice

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Employment contracts often contain termination rights of the parties. In particular  there is often a clause permitting the employer to terminate on a...

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1 Mar

Lawyer’s Beware: Extending the Duty of Care beyond the Scope of the Retainer

Wednesday, March 1, 2017Lauren KasonLitigation, Professional Liability, Solicitor’s Duties

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The recent case of Meehan v Good, 2017 ONCA 103, has some unsettling implications for lawyers, as the case leaves open the possibility of extending a lawyer’s duty of care beyond the scope of the written retainer agreement even where the...

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22 Feb

Summary judgment motion in actions for wrongful dismissal started under the Simplified Procedure rule: A new way forward

Wednesday, February 22, 2017Dara Hirbod, Kevin W. FisherLitigationSummary Judgment, Rules of Civil Procedure, Wrongful Dismissal

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Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the...

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1 Feb

Landlords Need to be Careful When Declining a Rental Application

Wednesday, February 1, 2017Rob WintersteinLitigation, Landlord and Tenant Law, Human Rights LawResidential Tenancies

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Recently, a Toronto landlord found herself the subject of a news article on CBC.com and the subject of discussions on various news radio...

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25 Jan

Transfers at an Undervalue; Backfires in Creditor Proofing

Wednesday, January 25, 2017Jonathan WigleyBankruptcy and Insolvency, LitigationBankruptcy, Insolvency, Transfer at an undervalue

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Individuals faced with financial pressures and money problems understandably try to protect what little assets they may have left. In particular they...

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18 Jan

Collecting legal fees: The Small Claims Court is back in business

Wednesday, January 18, 2017Stephen A. ThieleSolicitors Act, LitigationLegal Fees, Small Claims Court

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For the past few years, the courts have grappled with the issue of whether the Small Claims Court has jurisdiction to hear cases about the collection of unpaid legal fees. First, a court determined that...

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11 Jan

Construction Lien Act: Proposed change highlights

Wednesday, January 11, 2017Bryan SkolnikLitigationConstruction

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The Ministry of the Attorney General recently released a report reviewing Ontario’s Construction Lien Act.

While the Ministry supports maintaining the current lien/holdback regime, it also recommends....

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21 Dec

“Fashion Santa”: An Intellectual Property Yuletide Carol

Wednesday, December 21, 2016Chris JuniorIntellectual Property, LitigationCopyright, Trademarks, Santa Claus, Retail Shopping

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Last year, Paul Mason became a social media phenomenon while working the holiday season as a pseudo...

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14 Dec

Check Before You Rent

Wednesday, December 14, 2016Stephen A. ThieleReal Estate, LitigationCondominium, Rental Property, Tenant

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With Toronto still in the middle of a condominium boom and more people buying condominium units for investment purposes, particularly for short-term rentals, it is important to review both the...

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7 Dec

What’s in a name? Everything if it is a registered Trade-mark!

Wednesday, December 7, 2016Stephen A. ThieleIntellectual Property, Litigation, Common LawHockey, Trademarks, NHL, Copyright, Las Vegas, Nevada, Sports, Vegas Golden Knights

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At the end of November, the new National Hockey League franchise awarded to Las Vegas unveiled, along with a logo, that the team would be named the...

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29 Nov

CPSO Commences Investigations Into Physicians Prescribing High Doses of Opioids

Tuesday, November 29, 2016Lad KucisHealth LawOpioids, Healthcare

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The regulatory body that governs Ontario physicians has recently launched investigations into 86 physicians who allegedly...

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21 Nov

Trumps N.A.F.T.A. promise a potential blessing for Canada

Monday, November 21, 2016Anna HusaLitigationNAFTA, Free Trade, Trump

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It has been almost two weeks since Donald Trump was elected President of the United States of America. The election results have created a considerable amount of...

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9 Nov

Only My Trial Judge Can Judge Me: Pre-Trial Judge, Don’t Judge My Summary Judgment Motion

Wednesday, November 9, 2016Dara HirbodLitigation

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Most lawyers have taken for granted, or assumed it was trite, that the Rules of Civil Procedure expressly prohibit a pre-trial conference Judge from hearing a subsequent summary judgment motion in the same matter. Put simply, the Rules...

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2 Nov

Lessons from the Dreamworld Crisis

Wednesday, November 2, 2016Stephen A. ThieleLitigation

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Last week, 4 adults were killed at the Dreamworld Amusement Park in Australia when they were thrown from a family-friendly, river-raft ride onto a conveyor belt. Media reports indicated that...

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26 Oct

Gilmor v. Nottawasaga Valley Conservation Authority: The pending appeal and what’s at stake

Wednesday, October 26, 2016Tim DuncanLand Use Regulation, Litigation, Conservation, Environmental Law

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On December 20, 2016, the Ontario Court of Appeal will hear an appeal of an appeal overturning a refusal by a Conservation Authority to issue a permit for development of...

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5 Oct

Civil Liability for STDs and Jurisdiction

Wednesday, October 5, 2016Stephen A. ThieleCivil Law, LitigationBaseball, Civil Liability

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On October 4, 2016, Toronto Blue Jays first baseman Edwin Encarnacion hit a dramatic three-run homerun to lift his team past the Baltimore Orioles in their...

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28 Sep

Costs: An Effective Tool to Address Frivolous Claims

Wednesday, September 28, 2016Bill MichelsonLitigationFull Indemnity, Costs

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The Department of Justice states that Canadian Courts help people resolve disputes fairly, that they interpret and pronounce law, set standards, and...

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14 Sep

Small Claims Court Has Jurisdiction to Decide Claims for Damage to a Rental Unit (if the tenant is no longer in possession)

Wednesday, September 14, 2016Rob WintersteinLitigation, Residential Tenancies, Landlord and Tenant LawTenant, Landlord, Damage to Rental Unit, Jurisdiction

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It has not been uncommon for Deputy Judges of the Small Claims Courts in Ontario to dismiss claims by landlords for damage to a rental unit. Most often the stated basis for...

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24 Aug

Arbitration clauses in employment agreements: are they enforceable?

Wednesday, August 24, 2016Bryan SkolnikEmployment Law, LitigationArbitration, Employment Agreements, Sales Incentive Plan

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Many employment agreements contain clauses which require the parties to submit to arbitration or some other dispute resolution mechanism prior to or ...

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