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How is your Environmental Indemnity?
Wednesday, October 18, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Environmental Protection Act, Ontario
In Ontario, commercial mortgage lenders can be held liable for environmental issues under certain circumstances, especially if they have taken possession of the property or are deemed to be...
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Claim for riparian rights to access Lake Erie dismissed
Thursday, May 25, 2023James R.G. CookLitigationOntario
Rivers and lakes in Ontario are Crown lands and the public generally has the right to use and ‘navigate’ the waterways. However, the public does not generally have the right to \...
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Seller allowed to re-schedule Tarion closing date following
Friday, January 27, 2023James R.G. CookLitigationOntario, Agreement of Purchase and Sale, Real Estate
New homes in Ontario may include a warranty from the builder for certain construction deficiencies and other...
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Business partner liable for breach of fiduciary duty and civil fraud
Friday, April 29, 2022James R.G. CookLitigationOntario, Fraud, Fiduciary Duties
Business partners generally owe each other fiduciary duties and can be liable for civil fraud if funds invested in the partnership business are not used for their intended...
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Owner of corporation personally liable for litigation misfeasance
Wednesday, April 7, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Personal Liability, Ontario
One of the perceived benefits of using a corporation for real estate or other business transactions is to shield the individual owner from personal liability for costs and other...
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Municipality improperly abandoned ratepayers by failing to oppose application for legal non-conforming use of lakeside land
Monday, March 22, 2021James R.G. CookLitigation, Real Estate, Municipal LawZoning By-Law, Norfolk County, Ontario
Some municipal zoning restrictions are intended to address local planning needs for commercial and residential purposes, while other...
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Ontario’s New Stay Home Order Effective January 14, 2021
Wednesday, January 13, 2021Soma Ray-EllisLitigation, Employment LawCOVID-19, Ontario, Emergency Management and Civil Protection Act, Child Care and Early Years Act
The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, has responded to the unsettling levels of mobility in the province and has declared a second provincial emergency under...
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Seller Not Responsible for Zoning or Future Use Limitations of a Property
Tuesday, December 22, 2020James R.G. CookLitigation, Real EstateZoning By-Law, Agreement of Purchase and Sale, Ontario
A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or...
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Can your boss force you to take the COVID-19 vaccine?
Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act
If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...
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Preparing for the ONCA Thursday
Thursday, November 12, 2020Clifford S. Goldfarb, James M. Parks, Heather KeachieNon-Profit and Charities, Corporate LawNot-for-profit Corporations Act (ONCA), Business Corporations Act, Ontario
The Not-for-profit Corporations Act (Ontario) (ONCA) that we have been waiting for since 2010 is likely going to come into effect on January 1, 2021 or shortly thereafter. When it comes into effect...
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Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions
Monday, October 5, 2020James R.G. 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...
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Business Interruption Insurance in the Time of COVID-19: Some Recent Judicial Consideration
Monday, September 21, 2020Stephen A. Thiele, James R.G. CookLitigation, Bankruptcy and Insolvency, Insolvency law, Insurance ActOntario, COVID-19, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Financial Conduct Authority, Disease Clauses, Prevention of Access Clauses
The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or...
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Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. Tighe, K.C.LitigationCOVID-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...
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Property Disputes during a Pandemic
Monday, April 27, 2020James R.G. 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...
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New Ontario Legislation To Protect Workers: COVID-19
Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Wrongful Dismissal, Ontario, Safety, Infectious Diseases Emergencies, Infectious Diseases, Bill 186, Ontario Government, Coronavirus, COVID-19
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...
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Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore
Wednesday, January 29, 2020James R.G. 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...
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Discipline Matters Before the College of Dental Hygienists of Ontario (CDHO): A Defence Lawyer’s Perspective
Tuesday, August 13, 2019Lad KucisLitigation, Health LawCollege of Dental Hygienists of Ontario, Complaints, Dental Hygienists, Inquiries, Complaints and Report Committee, Disciplinary Hearing, Ontario
As legal counsel for dental hygienists, we are often asked questions about what happens when a dental hygienist is referred to the Discipline Committee of the College of Dental Hygienists of Ontario (the “CDHO”).
The following is the essential information that dental hygienists need to know about...
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Social Clubs with Share Capital and the ONCA
Thursday, June 21, 2018Clifford S. GoldfarbOntario Corporations Act, Non-Profit and CharitiesOntario
Transition Requirements for Share Capital Social Clubs Under the Ontario Corporations Act on Proclamation of the Ontario Not-for-Profit Corporations Act, 2010. There are...
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Advertisers Beware
Tuesday, December 5, 2017James R.G. 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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Ontario Announces Changes Dealing With Not-For-Profit Corporations
Monday, September 25, 2017James M. ParksCorporate Law, Non-Profit and Charities, Ontario Corporations ActOntario
The Ontario government enacted legislation several years ago that is intended to modernize the outdated law governing corporations without share capital. The Ontario Not-for-profit Corporations Act (the “ONCA”) received Royal Assent in 2010, but...
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Where will marijuana laws end up?
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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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
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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Is Canada Day celebration controversy worth breach of contract claim?
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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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
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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