Disputes and Litigation
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...
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...
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 MoreThe 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...
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...
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....
‘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...
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...
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...
Changes to the Rules of Civil Procedure in Ontario
As of January 1, 2020, new rules are in place in Ontario regarding court procedures and the civil litigation process. Overall, these changes aim to increase access to the justice system for claimants with limited resources. Limited time, knowledge or...
