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In Ontario, the Arthur Wishart Act, 2000, S.O. 2000, c.3 (the “Arthur Wishart Act”) is legislation which, among other things, sets out the franchisee’s rights as it pertains to franchise agreements and the disclosure they are owed by franchisors.  The franchise lawyers and litigation lawyers at Walker Law can assist you with your franchise matters....
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Walker Law was recently successful in obtaining a court order for the issuance of a lien called a Certificate of Pending Litigation (“CPL”). To read the decision, please click here. A CPL is a notice to the public, which is registered on title, that (the interest or title to) the land is currently subject to...
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Ontario’s Limitations Act generally allows claimants two years from the day they “discover” that a wrong occurred to start a lawsuit.[1] There are some exceptions to this two-year rule, such as when a creditor wants to sue to take and realize on collateral for their loan, or when the claim is about sexual assault, but...
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A product liability claim allows a consumer to bring a legal action against vendors, retailers and/or the manufacturers of a product purchased by the consumer. The reasons for the claim can vary, including but not limited to claim for losses arising from design defects, manufacture defects, and marketing defects. The losses arising from these type...
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Burr v. Tecumseh Products of Canada Limited, 2023 ONCA 135, A recent case out of the Ontario Court of Appeal, clarifies the law of product liability in Ontario. Background On November 5, 2012, the motor of a heat recovery ventilator overheated, exploded, and caught fire, seriously damaging the home of the plaintiffs. At the time...
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As discussed in our recent Walker Law blog post, initiating costly litigation based on meritless claims can attract significant cost consequences. In general, in the Superior Court, the losing side is usually ordered to pay approximately 60-80% of the legal fees or “costs” of the winning side. In addition to the compensatory nature of cost...
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A recent civil litigation case[1] out of the Superior Court of Ontario has provided a salient example of the type of conduct that warrants dismissal for cause. It also provides insight into the steps the prudent employer must take to justify, in employment litigation, its decision to dismiss an employee for cause. Background The plaintiff...
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When someone is the victim of a scam, it can be nearly impossible to get their money back. Sometimes, the fraudster spends every penny. In those fraud litigation cases, even if a court orders them to return the funds, the victim will not receive their money because it has already been spent. To make things...
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As discussed in our recent Walker Law Blog post and by Tanya on CBC Television, conducting thorough research about those you intend to sue is a critical part of the litigation process in order to protect your interests and minimize potential losses. It is imperative that one understands the prospect of ultimately collecting funds and...
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Do banks owe people who are not yet their customers any responsibilities, which may be called a duty of care? A recent decision made by the Ontario Superior Court of Justice (“ONSC”) suggests that yes, they do. A 2021 ONSC case titled McDonald and Dickson v TD Bank, 2021 ONSC 3872 (“McDonald”), states that a...
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Introduction The Working for Workers Act[1] is legislation by the Ontario government that amends various Ontario legislation in an attempt to providegreater protections and benefits to employees, particularly those in low-wage employment. On November 14, 2023, the Ontario government introduced Bill 149, Working for Workers Four Act, 2023.[2] This Bill, if passed, would drastically expand...
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Imagine a scenario: after years in the civil litigation system, your trial finally concludes. A few months later, you discover that you won your case. Congratulations! You won the right to exclusive possession of your investment property; the court has confirmed you are the legal and beneficial owner. What’s more, you won the right to...
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Employment law has been criticized in Ontario for producing inconsistent case law in situations of termination without cause where the employee has worked for one year or less. In such situations, despite the brief employment period, terminated employees have found themselves getting a notice period that at times approaches or, on rare occasions, even surpasses...
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As we approach the end of 2023, we wish to bring to your attention five laws that will be or continue to be effective in 2024. Notice of Termination The Federal Government announced that effective on February 1, 2024, sections of the Budget Implementation Act, 2018, No. 2 come into force.  Included are changes to...
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The Ontario Occupational Health and Safety Act, R.S.O. 1990, c. O. 1 (the “OHSA”) serves as the legal framework in Ontario that addresses the health and safety of workers in the workplace. This article will explore the recent decision of the Supreme Court of Canada in R. v. Greater Sudbury (City), 2023 SCC 28, in...
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Pursuing a case in Court requires thorough planning and research to avoid potential pitfalls. Unfortunately, many may fall victim to deceit and may end up pursuing a contractor dispute case, fraud litigation case or even a debt recovery case in Court. In Ontario, the Court provides a relatively streamlined process for resolving disputes. Nevertheless, it’s...
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Beginning January 1, 2024, Temporary Help Agencies (“THAs”) in Ontario must be licensed by the Ontario Government to continue operating their business. The Canadian Broadcasting Company states that this change was made in response to the multiple instances authorities have found of THAs paying temporary foreign workers below minimum wage and otherwise denying them of...
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At the core of the rights protected under the Canadian Charter of Rights and Freedoms are the basic human rights to life, liberty and security of the person (physical and psychological safety). In Canada, no individual can be deprived of these rights except through fair and just legal procedures in accordance with the principles of...
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For many people, buying a home will be the biggest purchase one makes during their lifetime. While most recognize the significance of signing an agreement of purchase and sale on the dotted line, many might be surprised to know there are substantial legal consequences that can flow from dealings at much earlier stages of the...
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The duty to mitigate requires parties who suffer harm to take reasonable steps to limit the extent of their damages caused by defendants. A recent Court of Appeal case clarified that independent contractors are required to mitigate their damages when facing breaches in fixed-term contracts. Previously, leading case law on this topic focused on the...
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Last October, 2022, we published an article on quiet quitting and the options employers have in light of it. In this article we will discuss the next level of employees expressing dissatisfaction with work: loud quitting. Loud quitting is a term for acting in a way that directly harms the organization and its goals, defying...
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Ontario and federal legislation impose a responsibility on corporations to act in a manner that does not negatively affect the legitimate and reasonable expectations of shareholders and other stakeholders. If a corporation fails to act in such a manner, shareholders and relevant stakeholders may be entitled to relief from the corporation’s conduct. The corporate litigation...
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In contract, cases often seem to come down to basic, fundamental principles. Where those principles are not all carefully considered, an employment lawyer who thinks they just drafted the perfect contract for their client might wind up having given them a contract that is entirely unenforceable, which means that it has no legal effect. Giving...
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What is discovery? After a civil lawsuit has begun, both parties will begin compiling all documents that are relevant to the litigation. Sharing these documents with the other side is first step in discovery, known as the exchange of affidavit of documents. The second step is what civil litigation lawyers call “examinations for discovery”. At...
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On May 6, 2023, the Toronto Star published an article about a woman who filed a human rights complaint claiming damages of $1 million dollars against a local emergency department that announced its decision to close. The Complainant, Sandra Bradly, filed a complaint with the Human Rights Tribunal of Ontario, claiming that the closure of...
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Buying real estate in Ontario is a big investment. If you choose to own a property with other people (which we will call your “co-owners”), it is important that you are aligned with what will happen to the property and how it will be managed. Part of the reason why being aligned with your co-owners...
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It is commonly known that the incorporation of a company shields the officers and/or directors from liability that a company incurs. Only under exceptional circumstances will officers and directors of a company be held personally liable. However, in the construction industry under the Ontario Construction Act R.S.O. 1990, c. C.30 (the “Construction Act”),[1] the statute...
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In November and December 2022, the real estate litigators at Walker Law argued a seven-day trial to sort out who of two parties was the true owner of a residential property. On February 24, 2023, the Judge issued his decision in favour of Walker Law’s client. The Judge warned that the case was a “cautionary...
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What is a letter of intent? A letter of intent is a written agreement between two parties that outlines the terms and main aspects of the business arrangement.  Unlike a contractual agreement in which parties intend to be bound to the terms of the agreement, a letter of intent is meant to be a draft...
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It is an ordinary practice for corporations, government agencies, and other entities to collect the personal information of their customers and personnel. When individuals agree to provide their personal information to these entities, they trust that their information will be protected and will not be shared with unauthorized third parties. Unfortunately, this data has become...
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When an employee’s employment contract is terminated without notice or without cause for the termination (that is, no wrong doing on the part of the employee) they are entitled to compensation in lieu of notice. Generally, an employee who is dismissed without reasonable notice of their termination is entitled to damages from their employer for...
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Unfortunately, in January of 2022, this was a reality for two Toronto homeowners who were away on an extended business trip and returned home to discover their property was sold to new owners. While the homeowners were away, two fraudsters impersonated the homeowners, obtained fake IDs, hired a real estate agent, and sold the home...
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Most real estate transactions, whether you are a business owner entering a commercial lease, or a family purchasing a home, you are almost certainly using a real estate agent. All real estate agents owe their clients a duty of care. This duty requires the real estate agent to act in a way that is usual...
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Oral Agreements for Dealings with Land According to the Statute of Frauds,[1] a contract regarding the use of land must be in writing. This includes agreements for the purchase, sale, lease, etc. of land. What happens when you want to enforce an oral agreement concerning land that is not in writing? According to the Ontario...
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Starting early next year, new federal legislation will come into effect that prohibits foreign buyers from directly or indirectly purchasing real estate across Canada for the next two years. In response to rising real estate prices across the country, the Government of Canada has enacted the Prohibition on the Purchase of Residential Property by Non-Canadians...
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It is an established principle in employment law that an employer is allowed to terminate or fire an employee without cause, which means without a reason, but that they must give their employee “reasonable notice” or “pay in lieu of reasonable notice.” This means that they must give their employee notice in advance that the...
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Administrative Decision Makers You may want to submit a RECO complaint against your real estate agent. You might be an employer who has received a complaint regarding an employee to the Human Rights Tribunal of Ontario. You might be a home owner who is supporting, or challenging, a bylaw variance at your municipal committee of...
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“Quiet Quitting” is a term that recently went viral on social media. It describes the trend that many employers may be experiencing in which employees do not go above and beyond at their job and just meet the requirements in their job description. There are many factors that could be the cause of the quiet...
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When you sign a contract, you are entitled to certain rights under the contract. However, sometimes it is possible to give up one or more of those rights, such that you can no longer rely on them. This is done through a legal doctrine called “waiver.” How do you know if you or your contracting...
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A significant portion of a real estate agent’s income is commission. Typically, commission is only paid where a sale is completed. However, some courts have interpreted that a commission is still due and owing even if the transaction is not completed. The Listing Agreement As with any contract, it is important to read and understand...
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When parties enter a contract, they often have an idea of what they expect to gain from the contract. In some cases, what a party expects to gain is readily ascertainable or obvious. For example, if a bank agrees to lend a borrower $100 for a year at an interest rate of 10% per year,...
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There is a common misconception in real estate transactions that the seller has unequal bargaining power because they are typically the one to draft the contract. This is incorrect. In contract law, a fundamental principle, known as contra proferentem, recognizes that, where there is any ambiguity, or more than one interpretation, in a contract, that...
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In July of 2022, Walker Law was successful in obtaining a worldwide Mareva injunction on behalf of its client for $33 million dollars. A copy of that decision is here. A Mareva injunction is a rare and extremely difficult form of injunctive to obtain. If granted, this relief freezes the assets of the recipient, which...
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Many times, parties treat their obligations in real estate transitions as an afterthought, and then fail to close on transactions. These failed transactions emphasize the role and responsibility of the court in determining whether a party has violated the agreement, and to hold that party accountable. In a recent case, Tega Homes (Attika) Inc. v....
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The housing market has been cooling from its pandemic highs and prices are declining. As a result, many buyers may get cold feet as their closing date approaches or their financial institution has reneged on the amount that it is willing to offer as a mortgage. Prior to signing an agreement of purchase and sale,...
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Last year the Ontario government proposed Bill 27: Working for Workers Act, 2021 (the “Act”). The bill introduced a number of changes to the Employment Standards Act, including the right for employees to disconnect after work hours and the prohibition of non-compete clauses in employment contracts. On December 2, 2021, the Act became law in...
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In a lawsuit with multiple parties, a defendant may want to settle with the plaintiff to avoid the cost, time, stress, and risk of going to trial. As a result, the Canadian courts recognize Pierringer agreements, which allow one or more, but not all, defendant(s) to settle with the plaintiff and be removed from the...
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In Ontario, generally speaking, a party has two years to sue from the date they discovered a wrong. This is called a claim. A claim is considered discovered, for the purposes of starting a lawsuit, on the day on which the person knew that: (1) An injury or damages occurred (2) it was caused by...
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On February 24, 2022, the Government of Ontario issued a press release, announcing that it would propose legislation that would require large employers to tell their workers if, how and why they are being monitored, electronically. Initially, there was speculation that these proposed changes would be included in new privacy legislation, or as amendments to...
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Parties to a contract, such an agreement of purchase and sale, may breach the contract in many ways. For example, a purchaser may refuse to pay the purchase price on closing or the seller may refuse to provide vacant possession. These are clear examples of breaches of the basic terms of the contract. However, the...
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In a United States courtroom in California, prosecutors read out loud the private text messages of former Theranos CEO, Elizabeth Holmes (“Holmes”). Later those messages made headlines around the world and people globally read intimate messages that includes “missing you in every breath and in every cell”. The Holmes trial is a perfect example of...
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As the Ontario government implements vaccination mandates, particularly in the health sector, employers continue to question the legality of requiring their employees who remain hesitant to get the vaccine and whether and how to terminate employees who refuse. In December, Tanya Walker was interviewed to speak about the validity of mandatory vaccination policies and their...
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Anti-SLAPP Legislation Generally  A SLAPP, or Strategic Lawsuit Against Public Participation, is brought to silence an individual or business who has criticized the plaintiff. Usually, the plaintiff has greater financial means than the individual who criticized them and it is perceived that the lawsuit was started in order to stop or punish the defendant from...
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Although more than 80% of eligible Canadian citizens are now fully vaccinated against COVID-19, there is still a significant portion of the population who remain hesitant to receive the COVID-19 vaccine. Many individuals who are opposed or hesitant to become vaccinated have raised concerns about the legality of both policies enacted by businesses requiring employees...
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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 is to achieve pay equity by taking proactive steps to correct systemic gender-based discrimination in compensation that...
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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”) announced they would need 23,000 new donations just for the month of July 2021.[2]  CBS is the...
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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 sale is closed and the sale occurs. It is not always clear what steps the parties should...
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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 than advertised? This issue was recently addressed in Issa v. Wilson, 2020 ONCA 756 and Lamba v....
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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 recommend that our clients who are employers include provisions in their employment contracts that explain what their...
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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 party for the loss he or she will suffer. Therefore, judges also have the power to award...
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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 includes significant changes to the Business Corporations Act (the “Act”). The hope is that these amendments will reduce the...
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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 property. This deposit signifies that the buyer is committed to complete the purchase, as the buyer will...
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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 the city may no longer be necessary as they may be able to afford a home located...
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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 curb the transmission of COVID-19. The Minister of Labour and Minister of Finance introduced the Bill called Bill...
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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 agreement to writing. Many entrepreneurs may be surprised to find out that if you do not describe...
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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 parties. It is important for employers to understand that this relationship is, in essence, a subset of...
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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 downfalls, we anticipate that the courts will continue to use virtual appearances for years to come. In...
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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 free speech has not been modernized to address a users’ ability to harass others online, until now....
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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 prohibit employees from using the skills and knowledge that they acquire from a past job to a...
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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,” which provided qualifying individuals with a $2,000 benefit every four weeks, up to a maximum of sixteen...
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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 v. Hrynew, Mr. Bhasin was a director of the Canadian American Financial Corporation (“Can-Am”). He was very...
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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 reason for terminating the employee. The consequences to an employer for terminating an employee for a justified...
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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 in order for each party to discover the other’s position on the lawsuit issues through questions. After...
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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 and the government could face from lawsuits brought by people who were infected or exposed to COVID-19....
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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 a webinar on contract law disputes, specifically to provide a synopsis of contract law cases applicable to...
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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 should be aware of their responsibility to discover defects in a property prior to signing the Agreement...
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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 a prohibited ground.
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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 set of reasons related to COVID-19.
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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 of Employment, Carla Qualtrough, made an important announcement regarding changes to Employment Insurance (“EI”) and the introduction...
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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 lack of alternatives, and general inequality in bargaining power. As a result, parties need to be cautious...
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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 lease.
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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. The first is where the financer or lender revokes its promise to provide funds to the purchaser...
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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 the province were ordered to close on March 24, 2020.
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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 off its employees due to COVID-19-related reductions in business and the rights of employees to sue for...
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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 for proceedings would be suspended.
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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 businesses and entire industry sectors to be shut down indefinitely.
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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 has been a lot of uncertainty for residential landlords and tenants. This article will focus on why...
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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 concerns with the need to continue promoting access to justice. In mid-March, 2020, with very few exceptions,...
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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 popularity in the city. Supporters of Airbnb and other forms of short-term housing rentals argue that they...
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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 they can be transferred between humans and animals. In December of 2019, a number of cases of...
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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, nothing was done to resolve the problems.
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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 into force and will fundamentally change how contractors request payment from property owners.
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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, there is a process in place to address your concerns called an assessment hearing.
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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 spent on repairs. Behind each repair and renovation is a contractor.
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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 accommodating mental illnesses in the workplace. Nevertheless, Ontario lawyers should let clients know of an employer’s legal...
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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 the property is suitable for you.
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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 Residential Tenancies Act (RTA) that have significant consequences for both landlords and tenants. Below we discuss two important...
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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 beforehand preparing a draft settlement agreement. In 97% of our matters, we have found that attending any...
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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 for buyers and renters alike. Below are some of the key aspects of the plan: Rent is...
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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 Ontario?
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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 the “front line” between the company and its customers. The question is: when can an employer rightfully...
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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 between the two. Joint tenancy: we’re all in this together To understand the general differences between joint...
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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 protections for employees.
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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 that aren’t present within the four corners of the document. This is rarely a good idea.
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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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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 understood (what was each party required to do); c) was the contract breached or violated; and d)...
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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 franchisee, or individual location owner.
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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 owed?
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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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