Articles 2020

A recent appeal from a judgment of the Small Claims Court raised an interesting question as to how fence disputes are to be resolved in the City of Toronto, although it left the answer to this question to be determined at a later date.

Do you work with or are you part of a community organization, an Indigenous Community or organization or a local government? Applications for Ontario’s 2022-2023 Inclusive Community Grants are now available. These grants provide up to $60,000 for a local project to help older residents and people with disabilities participate in community life. Priority projects are those that support under-served communities and that address COVID-19 related challenges. Applications are due March 3, 2022.

Efficiency and cost effectiveness are key considerations under the new carriage test in s. 13.1 of the Class Proceedings Act, according to a recent decision of Justice Perell in Bonnick v. Simply Group. Justice Perell’s decision makes it clear that the new provision is a significant departure from the common law test on carriage, and emphasizes factors of efficiency, proportionality and the cost-effectiveness of the proceeding as key determinants for carriage going forward.

On November 18, 2021, the Supreme Court of Canada rendered its decision on whereby an insurer may be allowed to deny coverage based on a policy breach discovered several years down the road.

The progress made over the pandemic to use technology to make the civil legal system more efficient, affordable, and accessible shall hopefully continue.  This article will set out benefits and drawbacks of virtual examinations for discovery, draw the reader’s attention to four decisions dealing with virtual examinations, provide key takeaways from these decisions, and share resources to assist in conducting a virtual examination.

The latest in Ontario and Federal pension legislation, regulatory policy and case law.

For newly called lawyers moving from non–firm articling to practicing at a firm, the transition can be a big one. Having made this leap, from articling as a clerk to working in both a small and medium–sized firm, the author provides some reflections on a few of the aspect of day-to-day practice that can look very different in a firm as opposed to other types of practice.

In 2020, the landmark case of Waksdale v Swegon North America Inc. caused a ripple effect in the validity of termination provisions throughout Ontario.. This article considers the importance of this case for employers when negotiating employment contracts.

As the pandemic continues to change everyday life, the commercial leasing landscape has changed along with it. However, some things that have not changed are the key provisions that must be included in a commercial lease This Article looks at some of these provisions that must be included to have an enforceable lease.