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...Read More
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...Read More
Did they forget about me? A Primer on Dependent Support Claims
In Ontario, if a testator (will-maker) fails to account for you in their will, and they had an obligation to support you, you can sue the deceased’s estate on the basis that you are a dependent of the deceased under...Read More
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...Read More
Evidence in Will Interpretation
Wills can be complex, and sometimes interpreting the exact wishes of a Will-maker (testator) can be confusing. What is a beneficiary supposed to do when a clause in the Will is vague or ambiguous? Consider the following scenario: John Doe...Read More
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...Read More
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...Read More
Airbnb and Landlords in Ontario
With the growing popularity of Airbnb in Ontario, many landlords have made the decision that they would rather use their units as Airbnb rentals rather than trying to find long term tenants. Since traditional tenant agreements are no longer the...Read More
When is it too late to sue for unpaid debt?
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...Read More
The Ontario Condominium Authority Tribunal
The Ontario Government has created a new administrative condominium authority through amendments to the Condominium Act. The government developed the Ontario Condominium Authority Tribunal (CAT) to make dispute resolution easier and more cost-effective for owners and corporations. It will begin...Read More