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...
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 MoreOntario’s High Water – Part 2: Legal Implications
In this continuation of our June 2020 blog on Ontario’s High Water, we will look at the legal implications of the inundation of water that parts of Ontario are expected to endure over the coming years. For the last number...
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...
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....
Ontario’s High Water – Part 1
High water in Ontario is becoming the norm. Two of the last four years have brought devastating floods to different regions of Ontario. Our system of lakes and rivers is overloaded and the largest indications of that are the water...
‘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...
