Disputes and Litigation
What Happens When a Landlord Defaults on their Mortgage?
When a mortgage goes into default, a mortgagee (the lender), has various options available to recover the debt owed to it. When this situation arises in the context of a mortgaged property that is subject to one or more tenancy...
Two appeal decisions spotlight plight of self-represented litigants
Lawyers are all too familiar with the increasing trend of parties representing themselves in court and the problems that this situation presents to their clients, to the self-represented litigants (SRLs) themselves and to the court. Two recent Court of Appeal...
Air Travel and Passenger Rights in Canada
Did you know that new protections have been put into place for air travellers in Canada? As of July 15, 2019, air travellers who purchase a ticket will be entitled to certain rights that they previously did not have access...
Child Injured at School – Who is Liable?
With kids now going back to school, it is worth discussing one of the main concerns parents have when another person is in charge of watching their child: who is responsible if there is an accident and your child gets...
How to Deal with Carbon Pricing
The federal carbon pricing regime will soon apply in more provinces across the country than it does not. Surely not a scenario envisioned or desired by the federal government but nonetheless the regime is alive in Ontario and will start...
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...
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...
