Litigation

If you are commencing a lawsuit against a unincorporated business, do you know how to name them correctly on the claim? It may sound like a simple concept but not everyone understands the process to ensure the proper business name is used or the implications of using an incorrect name. When determining what to name […]

Fall is upon us which means back-to-school, sweater weather and warm beverages. This is also the time of year many will return to, or start, pursuing their career and educational goals at one of Ontario’s many post-secondary institutions. Ontario’s Colleges and Universities are a sanctuary for higher educational achievement, the honing of student minds and

You’re a landlord with a tenant who will not pay rent. You’ve followed all of the necessary procedures and now have a Judgment from the Landlord and Tenant Board (LTB) ordering the tenant to pay you the rent owed. Now what? If your tenant still refuses to pay the rent owed to you despite the

Civil proceedings don’t arise on a person’s best day. Often, a party feels they’ve been wronged by someone, and they want their day in court to hold the wrong-doer accountable. When preparing pleadings, some parties want their lawyer to air the other party’s dirty laundry, creating a novel outlining every wrong committed. What these clients

Publishing online very personal or intimate information or images of another may now be a very costly mistake. Not long ago the Ontario Court granted, in a case called Jane Doe 464533 (the Plaintiff’s name cannot be disclosed), damages and costs totaling $141,000, plus an order for the offending Defendant to destroy any video or images he retains

The cool fall air has finally arrived.  Cords of wood are being delivered and wood stoves are being fired up.  Gas fireplaces are being flicked on.     The best way to prevent injury and loss from fire is to be prepared.  But when you have been affected by fire, you need to know your legal

In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are legal ramifications, both for saying it and for not saying it. In fact, we’ve made it legislation; namely, Ontario’s “Apology Act” (the “Act”). This is uniquely an Ontario-only legal initiative.

Can this *&$@*# collection agency do this? What are my rights? In Ontario, collection agencies must be registered with the Government of Ontario and must follow the rules set out in Ontario’s Collection and Debt Settlement Services Act. When a collection agency contacts you to collect money that you may owe or when you can’t pay

New Ontario legislation now allows ex parte (i.e., without any notice) eviction orders, allowing landlords to obtain an eviction order without appearing before the Landlord and Tenant Board (the “LTB”). Firstly, with Bill 184, the Protecting Tenants and Strengthening Community Housing Act, when a tenant is behind on rent, they can now enter into an enforceable repayment

Many commercial landlords do not realize – if you are owned rent by your tenant, you must choose between locking the doors/distraining and termination of the lease. You cannot do both. You must choose: either distraint or terminate and sue for unpaid rent. In this case, the plaintiff tenant and defendant WM and Buckingham (landlord)