Oh Those Noisy Neighbours!
Unless you live on a deserted island, you must learn to coexist with your neighbours. But if you do run up against a problem neighbour, the law may be able to provide some assistance. “Neighbour law”, including pets, fences, junky looking yards and noise are generally dealt with by way of municipal bylaws. In this […]
The Personal Property Security Act: Establishing Your Priority
Every day throughout Ontario, people are borrowing money to buy cars, appliances, equipment, and businesses and they are putting up a variety of personal property as collateral. In order to track these loans and collateral, the Ontario government enacted the Personal Property Security Act (PPSA). The Act sets up a registry system, the Personal Property […]
Dismissal the Constructive Way
Did you know it is possible to be fired without really being fired?! It’s true. This situation is referred to as constructive dismissal. Traditionally when an employee is wrongfully dismissed, the employer has actually fired the employee without cause and without providing reasonable notice. In the case of constructive dismissal however, the terms of employment […]
Is Your Family’s Business Ready for the Hand Off?
“…it is difficult to pass a family business successfully from one generation to the next if family, financial and legal preparedness do not exist.” –Canadian Journal of Policy Research In 1999 Deloitte & Touche and the University of Waterloo published the results of a survey that considered how ready Canadian family-owned businesses were for the […]
Victory for Homeowners Confirmed
In the recent winter edition of Legal Issues we told you about a family whose home had been fraudulently sold and mortgaged. The family successfully sued to have the sale and mortgage set aside. In 2005, Susan Lawrence was a victim of a similar fraud. Unfortunately the judge in her case refused to set aside […]
When is a Car Accident Not a Car Accident?
The Supreme Court of Canada recently ruled in two cases, Lumbermens Mutual Casualty Co v. Herbison and Citadel General Assurance Co. v. Vytlingam, that questioned the scope of auto insurance. Specifically, the Court was asked to consider the sufficiency of the connection between the acts that caused the plaintiffs’ injuries and the use of the […]
Wrongful Dismissal Damages Revisited
Over the past several months, the Supreme Court of Canada has clarified and redefined some important aspects of the law of damages in the context of wrongful dismissal. In the first case, they considered the issue of how damages should be awarded when an employer behaves with bad faith when terminating an employee. Since the […]
Part 2: The Handoff
Earlier this year, we asked the question “Is your family’s business ready for the hand off?” If it is not, you are not alone. Although more than 70 percent of small business owners have plans to retire within the next 10 years, almost two thirds have no concrete plan for the future of their business. […]
The Holiday Shopping Primer
The Christmas season is the biggest shopping event of the year. To make your holiday shopping as hassle free as possible we have prepared a list of helpful information to read before you head to the mall. Deposits Many consumers put down a deposit on an item or arrange to purchase through a layaway plan. […]
The Law of Travel
With the summer vacation season upon us, we thought it timely to provide information to help make your holiday as hassle free as possible. Whether you are dealing with an airline, a cruise, a hotel or a car rental it is important to always remember that you are entering into a legal contract. Therefore, if […]