Disputes and Litigation
Should I include an arbitration agreement in my contract?
Frequently, commercial Parties will include arbitration agreements in a contract without much thought as to whether it is necessary or even a good idea. There are many things to consider before including an arbitration agreement in your contract. An arbitration...Read More
Rights of Property Owners Regarding Flooding
In the middle of such a dry spring it's hard to think about flooding. But as summer approaches and folks get back to their camps/cottages on the lake, it is a great time to do a refresher on riparian rights...Read More
Property Transfer Disputes
In 2011, Marian Hertendy, as sole owner of her house in Smiths Falls, drafted a Will which left the house to her daughter, Beverly Ann Gault. In 2012, Marian transferred her ownership interest in the property to Beverly for nothing...Read More
Commercial Tenancies, Letters of Credit and Bankruptcy
One method used by commercial landlords to secure against losses from commercial tenancies is to require tenants to post letters of credit (“LCs”), that the landlord can draw upon in defined circumstances. Though certainly useful, in Ontario there has been...Read More
The Sellers Say They Won’t Close: Will the Courts Make Them?
Rising real estate prices create incentives for sellers to try to get the most out of their agreements. The hot markets in most of Ontario since the initial pandemic restrictions were loosened are no exception, and we have seen an...Read More
Suffered a financial loss and want to sue? You have the duty to mitigate.
When you suffer a financial loss that gives rise to a claim, there is an obligation on you to try and minimize your losses. This is referred to as the duty to mitigate. A common question is, does the duty...Read More
Bill 197 and the Construction Industry
The Provincial government release and passed Bill 197 on July 21, 2020. This omnibus Bill makes changes to 20 statues, including the Development Charges Act, the Planning Act, the Building Code Act, the Drainage Act, and the Environmental Assessment Act....Read More
‘Force Majeure’ Clause in Contracts with American Companies
The United Nations Convention on Contracts for the International Sale of Goods – The CISG – contains a Force Majeure clause and it is important to know about it if you have a contract with an American company where COVID-19...Read More
Impacts of COVID-19 on Ontario’s Construction Sector
As of April 16, 2020, the suspension of limitation periods and procedural steps will not apply to Ontario’s Construction Act. That means that timelines under the Act are in place and now running. This includes timelines for the preservation and...Read More
Consequences of Failing to Abide with Social Distancing during COVID-19: Exclusive Possession of the Home
As a result of the COVID-19 outbreak, a recent court decision made it clear that science does count in Ontario. There were significant consequences, when a property owner who occupied a residence was not abiding with social/physical distancing with respect...Read More