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Canada’s New Pay Equity Act Has Come Into Force On August 31, 2021, the Pay Equity Act, S.C. 2018, c. 27, s. 416 (the “Act”) came into force and effect in Canada. The primary purpose of the Act...
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The importance of donating blood cannot be overstated, one blood donation can save up to three lives.[1] Covid-19 has put an immense strain on the Canadian medical system. To meet the demand for blood, Canadian Blood Services (“CBS”)...
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An agreement for purchase and sale of a property is a contract between two parties, which is a buyer and a seller. Both parties are obligated to take reasonable steps to ensure that the agreement of purchase and...
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The residential real estate market is booming. Buyers often decide whether to purchase a house in a matter of hours or days. So, what happens if the buyer realizes that the square footage of the house is less...
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One thing that all business owners should do is ensure that they have well-drafted employment contracts that clearly set out the terms of employment that exist between them and each of their employees. As employment litigation lawyers, we...
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Judges have a broad discretion to award various remedies to parties in a lawsuit. The most commonly sought and awarded remedy is monetary damages or compensation. In some circumstances monetary compensation may be inadequate to appropriately compensate a...
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On October 6, 2020, the Government of Ontario introduced Bill 213, Better for People, Smarter for Business Act (the “Bill”) for its first reading. The Bill seeks to modernize the law that governs how companies and people conduct business in Ontario. This...
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BUYER BEWARE: FAILING TO CLOSE A TRANSACTION RESULTS IN THE LOSS OF YOUR DEPOSIT When buying property, it is routine and expected in such transactions for the buyer to pay a deposit towards the purchase price of the...
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As homeowners continue to work from home in response to the provincial lockdowns and stay-at-home orders, some are realizing that they need more space. Others appreciate that they will continue to work from home indefinitely and living in...
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As many of you are aware, on April 28, 2021, the Government of Ontario responded to calls from members of the public and public health experts by introducing temporary paid sick leave to Ontarians in an attempt to...
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Many entrepreneurs begin their business with family members or friends who share a particular interest or skill set. In doing so, they often focus all of their attention growing their venture and forget the importance of reducing their...
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There are a number of reasons why an employer may have to terminate one of their employees, especially during the ongoing uncertainty caused by the COVID-19 pandemic. The employee-employer relationship is based on an agreement between the two...
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The COVID-19 pandemic has forced the courts and legal counsel to utilize videoconferencing platforms such as Zoom. Thanks to videoconferencing, it is no longer necessary for persons to attend appearances in person. Although, videoconferencing has its benefits and...
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In the age of rapid technological advancement and increased access to unsupervised internet forums, the opportunity for cyber bullying and online harassment has grown tremendously over the years. Some may argue that the law that protects and limits...
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All employees have an implied duty of good faith not to disclose confidential information or trade secrets; this duty is owed regardless of whether there is a non-disclosure clause in the employment contract. The law does not usually...
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The Government of Canada has released several income-support benefits over the past year to assist Canadians most impacted by the pandemic. Last March, the Government of Canada introduced the Canadian Emergency Response Benefit, most commonly known as “CERB,”...
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The Supreme Court case Bhasin v. Hrynew is a landmark case that imposed a common law doctrine of good faith on parties to a contract, which requires them to act honestly in performing their contractual obligations. In Bhasin...
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In the recent case, Attzs v Saputo Dairy Products Canada, 2020 ONSC 5512, the Court shed further light on the standard that an employer must meet in order to justify a termination for cause, which means a justifiable...
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In the recent case, Kaminsky v Janston Financial Group, 2020 ONSC 5320, the plaintiff sued her former employer for wrongful dismissal after working for the defendant company for close to 18 years. Examinations were held out of court...
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Ontario’s Provincial Government has recently proposed Bill 218, titled the Supporting Ontario’s Recovery Act (the “Bill”). If passed, the most significant effect that the Bill would have would be to drastically limit the potential liability that businesses, individuals...
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In the wake of the COVID-19 pandemic, it is important to understand how you may end up in a contract litigation dispute and how to avoid these problems in the future. On October 7, 2020, Walker Law presented...
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Despite the COVID-19 pandemic, the Toronto Regional Real Estate Board reported that over 11,000 homes were sold in Toronto during the month of September. That’s 42.3 per cent more sales closing than last September 2019! As such, purchasers...
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employers need to keep in mind employee’s rights under the Employment Standards Act (“ESA”) and the Human Rights Code (the “Code”) as both contain phrases that discipline employers who wrongfully terminate employees and/or discriminate against them based on...
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In March 2020, the government established the Infectious Disease Emergency Leave (“IDEL”) in response to the pandemic. IDEL grants employees the right to take unpaid, job-protected leave if they are not performing their jobs due to a prescribed...
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Last Thursday, Tanya Walker and Jordan Koenig of Walker Law presented a webinar to provide updates on how the pandemic has impacted employment law. Just hours after the webinar, the Minister of Finance, Chrystia Freeland, and the Minister...
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The COVID-19 pandemic has caused uncertainty and has changed the way that we do business in the foreseeable future, especially when negotiating agreements. Many individuals feel the stress of negotiating during this time because of the uncertainty, a...
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In July 2020, the Ontario Court of Appeal released two decisions that commercial landlords should be aware of as they impact notice requirements for breach of a lease and the consequences of a landlord for improperly terminating a...
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In recent months, we have witnessed the COVID-19 pandemic give rise to financial hardships and delays concerning real estate transactions. Specifically, two major issues may arise with regards to time is of the essence clauses and the pandemic....
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Since the onset of the COVID-19 pandemic, there has been a great deal of uncertainty and concern regarding the matter of safety in the workplace. In mid-March, Ontario declared a State of Emergency and all non-essential businesses within...
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On Friday, May 29, 2020, Ontario’s government issued Regulation, O.Reg 228/20, under the Employment Standards Act (“ESA”). Its most significant effects have to do with the options that are available to employers with regard to terminating or laying...
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The COVID-19 health pandemic has had a significant impact on all industries. However, there are a number of changes that are unique to the construction industry. On March 16, 2020, the Ontario government declared that all limitation periods...
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The global COVID-19 pandemic has caused devastation to the economies of countries around the world. The need for forced physical distancing, which is necessary to slow and eventually stop the spread of the disease, has led to many...
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The COVID-19 Pandemic has unleashed havoc in many industries as a result of forced business closures and social distancing orders. The government and court have provided some guidance on how COVID-19 will impact residential leases, but still, there...
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Since the COVID-19 pandemic began, the economy has been struggling to maintain the balance between the continued delivery of essential services and the need to promote physical distancing. Ontario’s court system has been trying to balance public health...
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Much like the reception that greeted ride-sharing apps like Uber and Lyft when they first entered Toronto’s marketplace, there has been a great deal of controversy surrounding the short-term housing rental economy ever since apps like Airbnb gained...
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Since the beginning of 2020, the world has been concerned about the Novel Coronavirus. Coronaviruses are a group of viruses that can cause influenza-like symptoms in humans. An interesting characteristic of Coronaviruses is that they are “zoonotic”, meaning...
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In our December post, we provided information on laws that you may see in 2020. As we celebrate our 10th year, we’re detailing the ten laws that already have or will definitely change this year.
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2020 is likely to bring in some new laws and amendments that could affect everything from internships to a crackdown on parking spots and a possible reversal on pit bull ownership in Ontario.
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On October 23, 2019, the Ontario government confirmed that we would be seeing major changes to the Court rules coming this January 2020.
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Legally speaking, workers are generally classified into different categories. These classifications have very significant implications on a number of rights that workers are entitled to.
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The federal government recently implemented a number of changes to the Canada Labour Code which largely favours federal employees in certain industries such as banks, fisheries, telecommunications, and interprovincial transportation companies.
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The Pattersons hired “Joe Inc.”, a general contractor, to renovate their ground floor bathroom, kitchen, and front entranceway. As the project progressed, the Pattersons noticed a number of defects in the general contractor’s work. However, when they complained,...
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As a result of the large number of new housing and condominium projects, many Ontarions are taking advantage of the opportunity to purchase a newly-built home.
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If you are undergoing home renovations with a contractor or you are a contractor, you should note that effective October 1, 2019, several provisions under the construction law which is called the Construction Act (the “Act”) will come...
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Many people are surprised at the conclusion of their lawsuit when they receive a bill from their lawyer that is much higher than they expected. If you receive a bill from your lawyer that you believe is unfair,...
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In February 2019, the Canadian Centre for Diversity and Inclusion published a report addressing the important role senior management and leaders play in promoting diversity and inclusion.
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When many people start a lawsuit, the end goal is getting to trial and obtaining a judgment against the other party. However, what many litigants do not consider is that a judgment is only a piece of paper.
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  According to the Toronto Real Estate Board, the average price of a condominium apartment in Toronto was $558,728 in Q4 2018. This is a sizeable investment.
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The new year brings with it exciting changes and new laws. Here are two changes to the law that you should be aware of as you ring in 2019.
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  On June 7, 2018, the Ontario Progressive Conservatives were elected. Since that day, the provincial government has been moving swiftly to pass and amend laws.
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On October 17, 2018, the Federal Cannabis Act, 2018, and the Ontario Cannabis Act, 2018 became law in Ontario (“the Acts”). The Acts legalize the consumption of recreational cannabis in Canada.
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Ontarians are spending vast sums of money renovating and repairing their residential properties. A 2017 report published by the Altus Group indicates that Ontarians spent $24.1 billion on alterations, improvements and conversions while an additional $7.5 billion was...
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On December 12, 2017, Bill 142, the Construction Lien Amendment Act, 2017, became law in Ontario (“the Act”).
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According to the Centre for Addiction and Mental Health and the Canadian Mental Health Association, at least 500,000 employees are unable to work due to mental health issues in any given week. This statistic demonstrates the importance of...
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Whether purchasing a commercial or residential property, the prevailing law is “buyer beware.” In other words, as a buyer, you must make appropriate inquiries about the property to discover any important information in order to satisfy yourself that...
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  As an employer, it is critical that you are aware of your obligations to your employees to avoid potential human rights or wrongful termination lawsuits by current or former employees on the basis of discrimination.
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If you are a business or service provider who asks consumers to purchase a warranty along with your product or service, beware.
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  Are you looking to challenge the re-zoning of your neighbour’s property or oppose that new 30-storey condominium development in your neighbourhood? If so, your concerns will now be addressed by the LPAT.
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On March 29, 2018, Minister of Justice and Attorney General of Canada Jody Wilson-Raybould introduced a new bill aimed at improving the efficiency of the criminal justice system and reducing court delays.
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The Rental Fairness Act (the “RFA”) is part of Ontario’s Fair Housing Plan, a strategy released in April 2017 to provide stronger protections for tenants and promote affordable housing in Toronto. The RFA has recently made several changes to the...
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  Many companies offer reward points programs to thank customers for their loyalty.
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Managing employees is a common challenge for many business owners. Even a single employee can have a significant impact on your business’ success, particularly if you are running a small enterprise.
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Defamation typically means negative statements made by one person about another person that are communicated or published. It can also include comments made against a company or organization.
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The death of a family member is often a very difficult time for the loved ones who are left behind.
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Given the significant growth in condominium ownership in recent years, we have often wondered why a specialized board or tribunal has not been created to deal with disputes between condo boards, managers, and owners.
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In May, we wrote an article about changes to housing laws in Ontario which aimed to make housing in the province more affordable to buyers and renters.
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In the past year, we have attended many settlement meetings, mediations (settlement meeting with a third neutral person) and pre-trials (settlement meeting with a judge). In each case, we spent a considerable amount of time with our client...
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In the recently released new Liberal Budget, the current government has introduced a series of measures to help parents with children, as well as some significant changes in the area of taxation.
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After many years of trying to address racial inequality in the province, the Ontario government has introduced a new law that many feel is a step in the right direction.
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On April 20, 2017, the Government of Ontario made some ground-breaking changes to the housing laws of the province related to home ownership and tenancies. The new plan is intended to make housing in the province more affordable...
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Statistics are showing hate crimes in Canada are on the rise and are being reported almost on a daily basis.
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The year 2017 brings with it change and importantly, new laws. Here are a few you should know about.
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Gay, bisexual and/or transgendered blacks have recently been highlighted in the media in shows such as Empire and Queen Sugar, where Oprah is one of the creators. But how do these issues play out in real life in...
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While many employers emphasize a free and expressive workplace to get the best out of their employees, for many, the display of piercings, tattoos and non-business casual attire may be a step too far, particularly when employees are...
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Ever signed a contract and now you want to back out? You may need to consider that a Court may hold you responsible for failing to complete the contract.
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There are two ways that you may own a home with someone else. The first is with a: (1) by a “joint tenancy; and the second is (2) a “tenancy in common”. This article will discuss the difference...
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Privacy in the workplace can be a difficult issue to navigate. In particular, employers may request certain pieces of information for certain kinds of employee leaves. However, the Ontario Employment Standards Act, 2000 (the “Act”) allows for certain...
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This week’s post discusses settlement agreements (a type of contract) and how they’re interpreted by the courts. Often times, parties will attempt to revise a deal after its agreed upon by trying to insert new words or meanings...
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Around 28% of Ontario households rent their home.
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The year 2016 brings with it exciting new changes and importantly – new laws.
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  Not surprisingly, untrue statements are often an important issue in lawsuits.
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One of the most common reasons for a lawsuit is an allegation of negligence.
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An unfortunate reality in litigation is that lawsuits often pit one family member against another.
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As a commercial litigation lawyer, most of the cases I deal with are based on breach of contract. The key issues for the judge to determine are: a) was there a contract; b) how should the contract be...
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You’ve owned your home for several years and it’s time for a new look. You draw up plans, get estimates, hire a general contractor and eagerly await the splendour of your newly-renovated home.
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In our final article addressing franchise law we will discuss how an individual or company involved in a franchise agreement on behalf of the franchisor, or brand owner, can be held personally responsible for damages suffered by a...
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Last month we discussed how franchise disputes can be resolved from the perspective of the franchisor. This month, we consider the options available to the franchisee.
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This next series of articles will examine specific legal issues, beginning with an examination of dispute resolution in the field of franchise law.
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So far in this series of articles we’ve discussed a variety of the steps in the litigation process including the preparation of the Statement of Claim and the Statement of Defence, discoveries, and mediation.
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If you have watched courtroom drama on television you have likely seen portrayals of lawyers asking questions to the opposite site, which is videotaped.
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In our court system today, the reality is that very few lawsuits actually proceed all the way to trial. Instead, most cases settle at some earlier point in the process.
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In our last article we discussed administrative tribunals and the division of responsibilities between tribunals and courts.
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Suppose you’ve sued someone, you’ve won the trial and the judge has ordered the person you sued, now called the judgment debtor, to pay damages to you. What happens next? How do you get the money you are...
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You’re involved in a lawsuit, you want your day in court, but you also want to resolve the dispute quickly and you’re concerned about legal bills.
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Jurisdiction…you’ve probably heard the term, but what does it mean, how is it determined and how can it impact on the outcome of your case?
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You’ve become involved in a legal dispute. You’ve hired a lawyer to represent you. What exactly can you expect from your lawyer? Can a lawyer be helpful to you even if a formal lawsuit hasn’t started yet?
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Has someone committed a wrong against you? Are you thinking of suing? Here are some issues you should first consider.
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You may have had a dispute with someone that you have not been able to resolve. Next thing you know, there is a lawsuit handed to you by a mysterious person who says, “you’ve been served”.
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