Thursday, July 19, 2018Jonathan WigleyLitigation, Construction LawConstruction , Education, Liens, Building

Sweeping reforms to the Construction Lien Act received Royal Assent in December 2017. The law of construction liens and payments has been modernized and updated and a...

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Wednesday, May 30, 2018Jonathan WigleyLitigation, Limitations, Contracts, EquityExtensions, Forbearance

Enone Rosas is a lucky lady. First, Ms. Rosas moved to Canada from the Philippines in 1990 and became friends with Mr. and Mrs. Toca. Positive luck but it gets better...

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Wednesday, March 21, 2018Scott GfellerLitigation, Employment Law, Employment Standards Act, Class ActionsUber, UberEats

Uber is certainly no stranger to Canadian court rooms. In its latest tussle, a $400 million dollar proposed class action in Ontario by Uber “drivers” alleging they are employees of Uber and... 

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Tuesday, February 27, 2018Anna HusaLitigationToronto, Backyard Chickens, Toronto Politics

“Locally-sourced food” is taking on new meaning in the City of Toronto.

Late last year, City council approved a backyard chicken pilot project which will allow residents in four ward...

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Tuesday, February 20, 2018Stephen A. ThieleLitigationDefamation

The #MeToo movement has started a revolution. No longer are women, in particular, afraid to speak about incidents in which they have...

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Wednesday, December 27, 2017Jonathan WigleyLitigationInsolvency, Collections, Lending, Loans, Banking, Recovery

Deciding not to advance any more money and shifting a debtor’s account into the...

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Tuesday, December 5, 2017James CookLitigationSmall Claims Court, Ontario, Advertising

How much is your physical image worth if it is used in an advertisement without your permission? A recent decision of the Ontario Superior of Justice (Ottawa Small Claims Court) addressed this...

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Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud

When the employee of a large corporation defrauds their employer through a fraudulent cheque scheme, should the banks which paid out on the cheques be...

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Wednesday, September 27, 2017Chris JuniorLitigation, Employment Law, Human Rights LawWrongful Dismissal, Discrimination

The Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. (2017 SCC 30) earlier this year, a landmark case concerning the current framework for determining discrimination in the workplace. The majority...

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Friday, September 15, 2017Dara HirbodLitigationlibel, slander, newspaper

As technology continues to usher individuals towards online based content, it has initiated the mummification of printed media, spearheading a...

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Wednesday, August 30, 2017Tim DuncanLitigation, Intellectual Property, InjunctionsSupreme Court of Canada, Technology, Freedom of Expression

In true common law tradition, let’s start this blog post with some obligatory Latin: audentes Fortuna iuvat.  “Fortune favours the bold.”

This might have been the principle that governed the behaviour of Datalink Technologies Inc. when it... 

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

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

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 Mental Health Association, it is...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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Wednesday, March 15, 2017Stephen A. ThieleLitigationGeneral Interest

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

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

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

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

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

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

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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Wednesday, January 11, 2017Bryan SkolnikLitigationConstruction

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

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

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

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

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

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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Wednesday, November 9, 2016Dara HirbodLitigation

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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Wednesday, November 2, 2016Stephen A. ThieleLitigation

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

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

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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Wednesday, September 28, 2016Bill MichelsonLitigationFull Indemnity, Costs

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

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

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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Wednesday, August 17, 2016Stephen A. ThieleMunicipal Law, Criminal Code, LitigationGeneral Interest, Technology, Mobile Phones

The proliferation of iPhones, iPads, androids and other personal technology devices has also resulted in the growth of online games for both the young and old. It is difficult to watch television without... 

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Wednesday, August 10, 2016Alexander MelfiLitigation, Privacy Law, Charter of Rights and FreedomsMobile Phones, Technology

The smartphone has quickly become one of the fastest-selling electronic gadgets in history, with some estimates indicating that more than...

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Thursday, August 4, 2016Scott GfellerInsurance Act, LitigationMedical Insurance, Travel Insurance, Travel

Your bags are packed and you suddenly remember that you haven’t purchased travel medical insurance. After employing your finely honed “google-fu” you make a call to...

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Wednesday, July 27, 2016Lad KucisHealth Law, Litigation

On July 20, 2016, the Ministry of Health and Long-Term Care posted a Notice that it will be removing higher strength doses of long-acting opioids from...

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Tuesday, July 26, 2016Kathleen Skerrett, Heather ZordelCapital Markets, Business Law, Securities Law, LitigationOntario Securities Commission, Rule 72-503

The line designating when the Ontario Securities Commission (OSC) will regulate a distribution of securities is being redrawn. The current “rule”, Interpretation Note 1 Distributions of Securities Outside Ontario under a repealed OSC Policy 1.5 (OSC Interpretation Note 1.5) has...

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Wednesday, July 20, 2016Chris JuniorAdministrative Law, Constitutional Law, LitigationEntertainment, General Interest, Toronto

In the past two weeks, the City of Toronto saw the manifestation (albeit coincidentally) of two very distinct yet related events; the release of Pokémon Go and...

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Wednesday, July 13, 2016Anna HusaLitigationBrexit, European Union, United Kingdom, Referendum

On June 23, 2016, Britain held a historic referendum on its membership in the European Union. Today, three weeks later, the world is still reeling from...

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Wednesday, June 29, 2016Ian A. BlueAdministrative Law, Constitutional Law, LitigationImportation of Intoxicating Liquors Act, New Brunswick, Supreme Court of Canada, Liquor Control Act

The recent New Brunswick court decision in Regina v Comeau, April 29, 2016 has profound implications for interprovincial trade. The court held that a provision of the New Brunswick Liquor Control Act prohibiting...

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Wednesday, June 22, 2016Tim DuncanLitigation, Insolvency law, Environmental LawAlberta, Oil Sands, PHC contamination

I’ll leave the proselytizing on the Fort McMurray wildfires and notions of karma to the pundits. What I want to talk about is...

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Wednesday, June 15, 2016Gavin J. TigheLitigation, LegalRob Ford, Toronto Politics, Toronto, General Interest

Many people have asked me what it was like to be the lawyer for former Toronto Mayor Rob Ford. Rob’s recent passing left those who knew and supported him saddened and those who did not confounded as to...

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Wednesday, June 8, 2016James CookLitigationTransport Canada, Drone

“Unmanned air vehicle, model aircraft, remotely piloted aircraft system, drone. Call it what you want, but always Think Safety First.” Transport Canada.

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Wednesday, June 1, 2016Stephen A. ThieleLitigationMarijuana, Charter

Toronto police and the City of Toronto licensing and standards officers carried out dozens of search warrants of marijuana dispensaries and arrested nearly 100 people.

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