Disputes and Litigation
When is it too late to sue for debt owing on multiple issued invoices?
Every day businesses engage with other businesses for the provision of services. Typically, the service-provider will issue multiple invoices throughout the duration of the contract. Sometimes, however, not all of the invoices get paid. When is it too late to...
Parental Waivers for Children’s Activities – Are they valid?
We've all seen variations of parental waivers for children's activities before. Parents are often asked to sign these prior to sending their kids off to sports camp, summer camp, and other activities that may involve the potential for physical injuries....
Ontario’s New Prompt Payment Regime
As of October 2019, typical practices and procedures for payments in the construction industry in Ontario will drastically change. Is anyone really ready?With the amendments creating the Construction Act comes a 'prompt payment' regime for Ontario. By regulating construction payments,...
Relief From Forfeiture Granted Where a Tenant Failed to Deliver a Timely Written Notice of Their Intention to
In Veloute Catering Inv. v. Bernardo, 2016 ONSC 7281 (S.C.J.), Veloute Catering Inc. (Veloute), the tenant, and Bernardo, the landlord, entered into a lease in 2011 for a 5 year term with a right to renew for a further 5...
Self-Representation In Court
Some individuals heading to court may decide to represent their case independently, without involving a lawyer. Choosing such a course for litigation presents its own challenges, requiring skill and planning. Long before a court date is set, it is necessary...
Bringing A Small Claims Court Suit
Individuals who are planning to sue and are asking for damages amounting to $25,000 or less may bring the suit before the Ontario Small Claims Court. Such claims must fall under the category of money owed under a contract or...
Passing of Accounts: Request for Further Notice
In my last blog I listed a number of changes to the Rules of Civil Procedure, affecting Applications to Pass Accounts. In this blog I would like to focus on one of these changes, the addition of a new "type"...
Passing of Accounts: New Rules
On January 1, 2016, a number of changes to the Rules of Civil Procedure came into force. Some of these changes affect the process of bringing and responding to an Application to Pass Accounts under Rule 74. 18. The changes...
DEFAMATION AND PUBLISHING: HOW AND BY WHO
Defamation against a party occurs where a statement is made about a party that is false and can cause damage to the party's reputation. When a party feels that a defamatory statement has been made against them, a civil action...
Sellers Should Not Sign the Seller Property Information Statement
Sellers should not sign the Seller Property Information Statement ("SPIS") for many reasons. First, and foremost, it is not a required document to create a binding Agreement of Purchase and Sale. Next, it is overly complex, technically difficult to complete...
