Disputes and Litigation
‘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...
Regulatory changes for Ontario’s construction and environmental sectors
Ontario generates roughly 25 million cubic meters of excess construction soil, adding upwards of 14% to construction costs. For years, we have been expecting excess soil regulations from the province. Late last year, those regulations were finally filed. On July 1, 2020,...
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...
